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HomeMy WebLinkAboutCouncil Packet - 9/28/2020 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, September 28, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1)time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one(1)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one(1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 166 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Martin Petersen, City Attorney Agenda, as proposed or amended. Minutes of September 21, 2020, Regular Session, as proposed. Donation and First Responder print presentation by the Waterloo Community Foundation ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the UCR Technical Specification Sub-award Agreement with the Iowa Department of Public Safety, in the amount of $500, to assist in updating the UCR records reporting system for the Police Department, and authorizing the Mayor to execute said document. Submitted By: Dave Mohlis, Police Captain 3. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Spohn Ranch, Inc., of Los Angeles, California, at a total cost of$358,977, in conjunction with the Riverside Skate Park Project. Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services 4. Request to certify assessment to 215 Oneida Street, in the amount of $1,350, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 5. Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2020, and authorizing transmittal to the Iowa Department of Transportation. Page 2 of 166 Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution approving request of Radoslav Srijemac for a waiver for a concrete driveway, located at 3116 Franklin Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving request of Suad Murgic for a waiver for a concrete driveway, located at 1645 Easton Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer B. Motion to approve the following: 1. LIQUOR LICENSES a. Dollar General Store #20584, 1650 Idaho Street Class: B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 10/25/2021 b. Hy-Vee Wine & Spirits#1, 2126 Kimball Avenue Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 11/14/2021 C. Jameson's Public House, 310 E. 4th Street Class: C Liquor w/Outdoor Service and Catering Renewal Application Includes Sunday Expiration Date: 11/2/2021 d. Logan Ave Convenience Store, 735 Logan Avenue Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 11/28/2020 2. Motion approving Change Order No. 3 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $46,620, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer 3. Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, Iowa, for a net increase of $31,137.44, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 4. Motion to receive and place on file the 2019 Operating Report of the Waterloo Water Works. Submitted By: Chad Coon, General Manager, Waterloo Water Works PUBLIC HEARINGS Page 3 of 166 2. FY 2021 Sidewalk Repair Assessment Program -Zone 10, Contract No. 1018. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 3. Purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids. Resolution awarding bid to MTI Distributing, Inc., of Brooklyn Center, Minnesota in the amount of$63,561.57. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 4. Sale and conveyance of city owned property located at 120 Center Street, in the amount of $1.00, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square- foot building. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located at 120 Center Street, to Perfect Match Properties, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement, with Perfect Match Properties, LLC, for the development of a 7,280 square-foot building, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 5. Resolution approving FY 2021 Grant Agreement with the Iowa Department of Transportation Aviation Bureau Commercial Service Vertical Infrastructure Program, Contract No. 22634, Project No. 9-1-210-ALO-200, in the amount of $67,090, for additional Waterloo Regional Airport Hangar Improvements, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 6. Resolution accepting a Quit Claim Deed for the sewer lift station property located at 3931 Texas Street, from Black Hawk County, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Page 4 of 166 Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution supporting the application by Black Hawk Contracting & Development Co., for the Iowa Workforce Housing Tax Incentives Program, to construct four (4) new single family homes, three (3) homes located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1) on the easterly part of Lot 2 of Crossroads Estates Replat No. 5, as Project Number 17-WHTIP-045, replacing previously approved lots 1, 4, 5 and 6 of Hillside Addition, with a local match of the City Limits Urban Revitalization Area (CLU RA) tax abatement for each property, and rescinding Resolution No. 2019-145. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for redevelopment of a residential property located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for completition of a residential property, located at 1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving a Cooperative Agreement with Black Hawk County, in conjunction with construction of the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Memorandum of Understanding for Recreational Trail Maintenance with Black Hawk County Conservation, in conjunction with the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving construction plans for sanitary sewer, storm sewer and paving serving the Audubon Heights 7th Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted By: Dennis Gentz, PE, Assistant City Engineer ORDINANCES 13. Codification of the City of Waterloo Traffic Code of Ordinances. Motion to receive, file, consider, and pass for the second time an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa. Motion to suspend the rules. Page 5 of 166 Motion to receive, file, consider, and pass for the third time and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk 14. An ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays: 400 block of Janney Avenue. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding Section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays - when signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle at any time on Wednesdays from 5:00 p.m. to 8:30 p.m. within the district and upon any of the streets or portions thereof as named herein: both sides of the 400 block of Janney Avenue. Motion to suspend the rules. Motions to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:30 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting Minutes, July 28, 2020. 2. Board of Adjustment minutes of March 24, 2020 (revised). 3. Leisure Services Commission Meeting minutes of August 11, 2020. Page 6 of 166 CITY OF WATERLOO Council Communication Minutes of September 21, 2020, Regular Session, as proposed. City Council Meeting: 9/28/2020 Prepared: ATTACHMENTS: Description Type U Minutes of September 21, 2020 Backup Material Submitted by: Submitted By: Page 7 of 166 September 21, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 21, 2020. Mayor Pro-Tem Juon in the Chair. Roll Call: Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein and Mr. Boesen were present. Mr. Amos was absent. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward I Council Member 159107 - Morrissey/Grieder that the Agenda, as proposed, for the Regular Session on Monday, September 21, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159108 - Morrissey/Grieder that the Minutes, as proposed, for the Regular Session on Monday, September 14, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring September 25, 2020 as Disabled American Veterans Day. ORAL PRESENTATIONS Mr. Grieder commented that on September 4, 2020 a federal eviction moratorium went into effect. He shared that tenants can receive free legal advice from the following website hellolandlord.org. He requested a work session in the coming weeks on what the plan is for the Crossroads Mall as another anchor of the mall announced its closure. Mr. Morrissey commented that the council will have a work session resuming discussion of Title 1 and requested the City Clerk provide an overview of what that session would entail. He commented on the raising of the Virden Creek Levy and that he has received questions regarding flood insurance for people who were formally affected prior to the raising of the levy. He questioned if those homes would now be taken out of the flood plain. Kelley Felchle, City Clerk, provided an overview of what will be discussed at the work session. Jamie Knutson, City Engineer, explained that the final step to occur is that the city will need to submit paperwork to FEMA which council will need to approve, in order for FEMA to make the changes to the floodplain map. Mr. Morrissey commented that all of the council members received correspondence from the City Engineer regarding mud jacking. He stated that there is a difference of opinion on whether mud jacking is a viable option. Mr. Morrissey commented that it is a cost saving alternative to replacing a section of sidewalk. 159109 - KleinBoesen that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159110 - Morrissey/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 21, 2020, in the amount of$2,292,028.26 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-709. Page 8 of 166 September 21, 2020 Page 2 2. Resolution approving preliminary specifications, bid documents, form of contract, etc., in conjunction with the rental of one (1) and/or two (2) motor graders to support snow removal operations, setting date of bid opening as October 8, 2020 and date of public hearing as October 12, 2020, and instructing the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-710. 3. Resolution approving preliminary specifications,bid documents etc., setting date of bid opening as October 8, 2020 and date of public hearing as October 12, 2020, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-711. 4. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of$254,230.32, and approving the contract,bonds and certificate of insurance, in conjunction with the Waterloo Regional Airport, Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-712. 5. Resolution approving request of James Woodard for a waiver for a concrete driveway, located at Parcel ID 8912-19-304-007 (lot south of 235 Lewis Street), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-713. 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Service Roofing, of Waterloo, Iowa, at a total cost of$239,500, in conjunction with the Fire Station No. 1 Roof Replacement Project, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-714. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Henkel Construction Company, of Mason City, Iowa, in the amount of$253,406.20, in conjunction with the 5 Sullivan Brothers Convention Center Kitchen Improvement Project, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-715. 8. Resolution setting date of public hearing as October 5, 2020 on the proposed reallocation of not to exceed$250,000 Unspent Proceeds of the General Obligation Bonds, Series 2018B, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-716. 9. Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2020, in the amount of$3,663. Resolution adopted and upon approval by Mayor assigned No. 2020-717. 10. Resolution approving cancellation of assessment for 414 Forest Avenue, in the amount of $1,572.36 and 120 Hawthorne Avenue, in the amount of$144.42, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-718. b. Motion to approve the following: Page 9 of 166 September 21, 2020 Page 3 1• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Hy-Vee C-Store#4, B Wine/C Beer Renewal 10/31/2021 x 3700 University Avenue b. Us Neighborhood Grill & Bar, C Liquor w/Outdoor Renewal 11/5/2021 x 3550 Kimball Avenue Sales c. Rudy's Tacos-Beer Hall-Lava C Liquor Renewal 9/27/2021 Loun e, 2401 Falls Avenue d. Wal-Mart Supercenter#1496, B Wine/C Beer/E Renewal 9/30/2021 x 1334 Flammang Drive Liquor 2. Motion approving Change Order No. 5 from Peters Construction Corporation of Waterloo, Iowa, for a net increase of$16,376.41, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. 3. Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2015A. 4. Motion approving Change Order No. 2 from Aspro, Inc., of Waterloo, Iowa, for a net increase of $115,205.27, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. 5. Fireworks Display at the National Cattle Congress for the Hairball Concert on September 26, 2020 from approximately 8:00 p.m. to 10:00 p.m. 6. Bonds. Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 159111 - Morrissey/Grieder that proof of publication of notice of public hearing on Request by Peters Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District to allow for a new funeral home and crematorium in the existing building,plus a 10,175 square-foot addition located at 4140 Kimball Avenue, as published in the Waterloo Courier on September 11, 2020,be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Eric Locke, 1420 Olympic Drive, explained that they are seeking council approval to allow them to renovate and expand 4140 Kimball Avenue. They are planning to begin construction this fall with the hopes of opening in fall of next year. 159112 - Morrissey/Grieder that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 159113 - Morrissey/Grieder that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Peters Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. Page 10 of 166 September 21, 2020 Page 4 159114 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Motion carried. 159115 - Morrissey/Grieder that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Peters Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot addition located at 4140 Kimball Avenue", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5574. 159116 - Feuss/Grieder that proof of publication of notice of public hearing on sale and conveyance of City owned property located north of 3488 Wagner Road, in the amount of$1.00, to Steege Investments, LLC, including a Development and Minimum Assessment Agreement, for the development of a 12,000 square-foot building, as published in the Waterloo Courier on September 11,2020,be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159117 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 159118 - Feuss/Grieder that "Resolution authorizing the sale and conveyance of City owned property located north of 3488 Wagner Road, in the amount of$1.00, to Steege Investments, LLC, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-719. 159119 - Feuss/Grieder that "Resolution approving a Development and Minimum Assessment Agreement between Steege Investments, LLC and the City of Waterloo, Iowa, in conjunction with the construction of a 12,000 square-foot building, and authorizing the Mayor and City Clerk to execute said documents, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Noel Anderson,Community Planning and Development Director,provided an overview of the project. Resolution adopted and upon approval by Mayor assigned No. 2020-720. 159120 - Grieder/Morrissey that proof of publication of notice of public hearing on codification of the City of Waterloo Traffic Code of Ordinances, as published in the Waterloo Courier on September 11, 2020, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159121 - Grieder/Morrissey Page 11 of 166 September 21, 2020 Page 5 that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 159122 - Grieder/Morrissey that"an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa",be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. 159123 - Grieder/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: One (Klein). Motion failed. RESOLUTIONS 159124 - Grieder/Morrissey that"Resolution adopting a face mask mandate for the City of Waterloo', be adopted. Roll call vote- Ayes: Four. Nays: Two (Klein and Boesen). Motion carried. Mr. Grieder provided an overview of the item and explained that the resolution will extend the mask mandate for another six weeks. Mr. Boesen commented that he supports wearing a mask but that the resolution has no enforcement and without that he is not in favor of the resolution. He explained that the resolution pits businesses against one another and until there is a federal or state mandate, he will not be supporting the resolution. Forest Dillavou, 1725 Huntington Road, commented that he supports wearing a mask and social distancing, except when that was not happening at a recent council meeting. He stated two people got COVID after that meeting. Mr. Morrissey commented that the current mandate expires in a week and he hopes that the resolution extending the mandate for another six weeks passes with a full vote of the council. Mrs.Klein commented that adults elected members to the council and that they do not need the council telling them what to do. She explained that forcing people to be police officers in their businesses is not appropriate. Mrs. Juon commented that she supports a mask mandate. Dawn Henry, 2121 W. 7th Street, commented that she is a nurse and supports wearing a mask. She explained that the public health department should be making mandates not the city council. Resolution adopted and upon approval by Mayor assigned No. 2020-721. 159125 - Grieder/Morrissey that "Resolution approving a Community Assistance Grant Contract with the Iowa Department of Natural Resources, in conjunction with the Asbestos Abatement Reimbursement Program, for an abandoned property located at 120 Center Street, in the amount of $6,290, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-722. 159126 - Klein/Boesen that "Resolution approving an Architectural Services Agreement with Align Architecture and Planning of Waterloo, Iowa, in the amount of$3,500, plus mileage and printing costs, in conjunction with the evaluation of the Dunsmore House, 902 Logan Avenue, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Page 12 of 166 September 21, 2020 Page 6 Mr. Boesen requested an overview. Noel Anderson explained that a more in-depth study is needed for determining whether the house can be converted into a home or office. Mr. Morrissey questioned if the dollars are coming out of a CIP request. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2020-723. 159127 - Klein/Boesen that "Resolution approving a Development Agreement with GBS Development, LLC, for the construction of up to twelve (12) two-unit residential buildings, for a total of up to twenty-four (24) units, located north of 669 S. Hackett Road, including a Development Grant of$5,000 per unit, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Boesen requested an overview. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-724. ADJOURNMENT 159128 - Boesen/Klein that the Council adjourn at 6:19 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 13 of 166 CITY OF WATERLOO Council Communication Donation and First Responder print presentation by the Waterloo Community Foundation City Council Meeting: 9/28/2020 Prepared: Submitted by: Submitted By: Summary Statement: Michelle Temeyer, Executive Director will be presenting a donation and First Responder prints to the Mayor, Police Chief and Fire Chief Page 14 of 166 CITY OF WATERLOO Council Communication Resolution approving the UCR Technical Specification Sub-award Agreement with the Iowa Department of Public Safety, in the amount of$500, to assist in updating the UCR records reporting system for the Police Department, and authorizing the Mayor to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/22/2020 ATTACHMENTS: Description Type ❑ Subaward Recipient Agreement Appendices Cover Memo ❑ Waterloo PD Subaward Recipient Agreement Cover Memo Resolution approving the UCR Technical Specification Sub-award SUBJECT: Agreement with the Iowa Department of Public Safety, in the amount of $500, to assist in updating the UCR records reporting system for the Police Department, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Dave Mohhs, Police Captain Recommended Action: Acceot grant and approve the Subaward Recipient Agreement. This is a one-time, zero match, $500, sub-award grant from the Bureau of Summary Statement: Justice Statistics, for funding local law enforcement agencies to improve incident based crime reporting. Expenditure Required: None Source of Funds: Grant Funds Page 15 of 166 0 U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department") , that all of the following are true and correct: (1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) ; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) ; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681) ; and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102) ; b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809 (c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228 (c) ) ; section 1407 (e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110 (e) ) ; section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182 (b) ) ; and that the grant condition set out at section 40002 (b) (13) of the Violence Against Women Act (34 U.S.C. § 12291 (b) (13) ) , which will apply to all awards made by Page 16 of 166 the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations) ; and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information) , 23 (criminal intelligence systems) , 38 (regarding faith-based or religious organizations participating in federal financial assistance programs) , and 46 (human subjects protection) . (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) , the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508) , and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335) , and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands) . (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251 (a) (17) ) , I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance-- a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies, in applications for grants (including this award application) , for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public. (9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Page 17 of 166 §§ 4601-4655) , which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office) , I assure that as required by 34 U.S.C. § 10382 (c) (11) , it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self-Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382 (c) (11) . (11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552 (a) (3) , that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271- 10273) , and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812) . I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Page 18 of 166 U.S. DEPARTMENT OF JUSTICE CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice ("Department") determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable)the following: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b)If the Applicant's request for Federal funds is in excess of$100,000, and any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities" in accordance with its (and any DOJ awarding agency's) instructions; and (c)The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts)funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier"covered transaction," as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals— (a)is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b)has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction; Page 19 of 166 violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals') present responsibility; (c)is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, or local)with commission of any of the offenses enumerated in paragraph (b)of this certification; and/or (d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local)terminated for cause or default. B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Applicant or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department(for OJP Applicants, to OJP at Oipcompliancereporting(ab_usdoi.gov; for OVW Applicants, to OVW at OVW.GFMD(abusdoi.gov; or for COPS Applicants, to COPS at AskCOPSRC(a_usdoi.aov), unless such disclosure has already been made. 3. FEDERAL TAXES A. If the Applicant is a corporation, it certifies either that (1)the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or(2)the corporation has provided written notice of such an unpaid tax liability(or liabilities)to the Department(for OJP Applicants, to OJP at Oipcompliancereporting(a�-usdoi.gov; for OVW Applicants, to OVW at OVW.GFMD(ab_usdoi.gov; or for COPS Applicants, to COPS at AskCOPSRC(cDusdoi.gov). B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650: A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by— (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs;and Page 20 of 166 (4) The penalties that may be imposed upon employees for drug abuse violations occurring inthe workplace; (c)Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the award, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer in writing of the employee's conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e)Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of any such convicted employee to the Department, as follows: For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs,ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s)of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies. I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). 1 also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Page 21 of 166 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Ela. contract �a. bid/offer/application Ela. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier if known: Iowa Department of Public Safety 215 East 7th Street Des Moines,IA 50319 Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: Bureau of Justice Statistics CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual. last name. first name. MII: different from No. 1Oa) None (last name. first name. Ml): None 11Information requested through this form is authorized by title 31 U.S.C. section .1352. This disclosure of lobbying activities is a material representation of fact Signature: upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be Title: subject to a civil penalty of not less that$10,000 and not more than$100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7 97) Page 22 of 166 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that applyfor both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if known.Check the appropriate classification of the reporting entitythat designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1 st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if known.For example,Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington, DC 20503. Page 23 of 166 Kim Reynolds Department of Public Safety Governor 'J Adam Gregg j, Stephan K. Bayens Lt. Governor 1'.v. Commissioner September 21, 2020 Waterloo Police Department Ms. Wendy Drinovsky 715 Mulberry Street Waterloo, IA 50703 RE: UCR Technical Specification Subaward Agreement Dear Ms. Wendy Drinovsky: Enclosed, please find the UCR Technical Specification Subaward Recipient Agreement for the National Crime Statistics Exchange (NCS-X) Award. To accept the subaward on behalf of your agency,the following documents must be signed and returned: (1) Subaward Recipient Agreement (2) Standard Assurances (3) Certifications Regarding Lobbying, Debarment, Suspension & other Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt Status, and Nondiscrimination Status and Implementing Regulations (4) Disclosure of Lobbying Activities Please contact me at loynacha@dps.state.ia.us or(515) 725-6251 with any questions. Thanks, jnotZI �. 00OJ'- Tracy Loynachan, UCR Program Manager Program Services Bureau,Administrative Services Division ADMINISTRATIVE SERVICES DIVISION • 215 EAST 7T"STREET • DES MOINES, IOWA 50319-0040 • 515-725-6230 Integrity, Fairness, Respect, Honesty, Courage, Compassion, Service Page 24 of 166 NATIONAL CRIME STATISTICS EXCHANGE (NCS-X) UCR TECHNICAL SPECIFICATION SUBAWARD RECIPIENT AGREEMENT This Subaward Recipient Agreement is effective September 21, 2020, by and between Waterloo Police Department and the Iowa Department of Public Safety. Purpose The Bureau of Justice Statistics (BJS) has awarded National Crime Statistic Exchange (NCS-X) funding to federal, state, and local law enforcement agencies to improve incident-based crime reporting and national crime statistics. As part of this initiative,the Iowa Department of Public Safety (DPS) has received funding to develop a new state crime repository for award 2019-FU-CX-K014. DPS has made the unobligated balance of grant funds available to law enforcement agencies for the sole purpose of updating local agency records management systems to conform to the new Iowa UCR technical specification. Scope of Service The services carried out under this agreement shall be consistent with those contained in the agency UCR Technical Specification Subaward Application and approved by DPS. As stated in the application,Waterloo Police Department shall implement changes to the local records management system (RMS) and achieve certification by the Iowa UCR program. Certification is achieved once an agency submits three consecutive months of crime data in the new technical specification with an error rate of less than four(4) percent for each month. Any changes to the agency timeline must be communicated to the UCR Program Manager. All requirements must be met no later than September 30, 2021. Reprogramming of Funds Reprogramming of funds is not allowable under the Subaward Recipient Agreement. Requirement to Report Potentially Duplicative Funding If Waterloo Police Department currently has other active awards of federal funds, or if Waterloo Police Department receives any other award of federal funds during the period of performance for this award, Waterloo Police Department promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so, the Waterloo Police Department must promptly notify the DPS in writing of the potential duplication, and, if so requested by the DPS or by the BJS, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. Invoicing Waterloo Police Department shall invoice the Iowa Department of Public Safety once satisfying all requirements related to the Subaward Recipient Agreement, including achievement of agency certification. Waterloo Police Department shall submit one original signed invoice along with supportive documentation to the Iowa Department of Public Safety for reimbursement. Supportive documentation shall consist of proof of payment. Reporting Requirements All participants may be required to prepare a final report of their agency's expenditures, which shall be submitted to the UCR Program Manager within 30 days of close of the program fiscal year. Failure to submit reports on a timely basis may result in the interruption or termination of the initiative funding for your agency. Page 25 of 166 Program Standards Each agency agrees to abide by the policies established by the state UCR program, including timely submission of crime data as outlined in Iowa Code § 692.15 Updated program policy will be furnished to each participant. Assurances Each agency agrees to abide by the terms and conditions set out in U.S. Department of Justice Certified Standard Assurances (Appendix A) and U.S. Department of Justice Certifications regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; Drug Free Work Place Requirements; Federal Debt Status and Nondiscrimination Statutes and Implementing Regulations (Appendix B). Each agency will also submit a signed OMB form, Disclosure of Lobbying Activities (Appendix C). Debarred,Suspended, and Ineligible Status Waterloo Police Department certifies that they have not been debarred, suspended, or declared ineligible by any agency of the State of Iowa or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. Waterloo Police Department will immediately notify the State if they are debarred by the State or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity. Audit If required, an audit report and management letter must be submitted to the Iowa Department of Public Safety, Finance Bureau in accordance with the OMB Circular A-133, "Audits of State and Local Governments and Nonprofit Organizations." Acceptance Acceptance of this agreement by the participating agency is acceptance of all standards and conditions of the NCS-X Award, included as Appendix A, B, and C. Page 26 of 166 Participating Agency: Contact Information: Issue Payment To: Ms. Wendy Drinovsky Waterloo Police Department Waterloo Police Department 715 Mulberry Street 715 Mulberry Street Waterloo, IA 50703 Waterloo, IA 50703 319-291-4500 EIN: drinovskyw@waterloopolice.com Participating Agency: Waterloo Police Department Printed Name and Title Date Signature Date Fiscal Agent: Contact Information: Tracy Loynachan Iowa Department of Public Safety Program Services Bureau,Administrative Services Division th 215 East 7 Street Des Moines, IA 50309 515-725-6251 phone 515-508-0457 cell loynacha@dps.state.ia.us Fiscal Agent: Iowa Department of Public Safety James Wittenwyler, Director Date Administrative Services Division Page 27 of 166 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Spohn Ranch, Inc., of Los Angeles, California, at a total cost of$358,977, in conjunction with the Riverside Skate Park Project. City Council Meeting: 9/28/2020 Prepared: 9/22/2020 Resolution approving Completion of Project and Recommendation of SUBJECT: Acceptance of Work for work performed by Spohn Ranch. Inc.. of Los Angeles. California, at a total cost of$358,977, in conjunction with the Riverside Skate Park Project. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services Recommended Action: It is recommended that the project be accepted and that Council approve the "Statement of Completion and Final Acceptance of Work". Summary Statement: I report that Spohn Ranch, Inc., of Los Angeles California, has completed the above referenced project in accordance with the plans and specifications. Policy Issue: Strategy 4.5: Quality of Place Page 28 of 166 CITY OF WATERLOO Council Communication Request to certify assessment to 215 Oneida Street, in the amount of$1,350, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type ❑ Assessment letter Backup Material Request to certify assessment to 215 Oneida Street, in the amount of SUBJECT: $1.350, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted by: Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their September Board meeting, instructing the General Manager to forward Summary Statement: the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated primarily from water sales. Page 29 of 166 WATERLOO WATER WORKS CHAD COON 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair THOMAS E.WALL September 23, 2020 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, September 16, 2020. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $1,350.00, which is supported by invoice from Frickson Bros. Excavating, showing the work necessary to replace the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to repair the service line at 215 Oneida Street, which is located on the East 15 feet of Lot 10 and the West 30 feet of Lot 11 in Block 5, in Hammond & Hopkins Addition to the City of Waterloo, Iowa, Black Hawk County, and owned by Lloyd E. Green and Ada B. Green. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 30 of 166 Page 2 It was moved by Wall, second by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cd Page 31 of 166 CITY OF WATERLOO Council Communication Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2020, and authorizing transmittal to the Iowa Department of Transportation. City Council Meeting: 9/28/2020 Prepared: 9/22/2020 ATTACHMENTS: Description Type ❑ Street Report FYE20 Council Comm Cover Memo ❑ Annual Financial Report for City Streets FYE20 Backup Material Resolution approving the Annual Financial Report for City Streets, for the SUBJECT: fiscal year ended June 30. 2020, and authorizing transmittal to the Iowa Department of Transportation. Submitted by: Submitted By:Michelle Weidner. Chief Financial Officer I request that a resolution be adopted approving the Annual Financial Report Recommended Action: for City Streets for the fiscal year ended June 30, 2020 and authorizing the transmittal to the Iowa Department of Transportation. This report summarizes the city's receipts and expenditures relating to streets Summary Statement: and is required to be filed with the State of Iowa by Iowa Code Chapter 312, Section 14. Policy Issue: If the report isn't approved by council and filed by September 30, the City's road use tax payments will be suspended. This report provides the Iowa Department of Transportation and the Federal Alternative: Highway Administration with a documented record of receipts and expenditures made for streets and related activities in the City of Waterloo. Page 32 of 166 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Council Communication Mayor City Council Meeting: September 28, 2020 QUENTIN Prepared: September 22, 2020 HART Dept. Head Signature: Michelle Weidner, CFO COUNCIL MEMBERS SUBJECT: Annual Financial Report for City Streets for the Fiscal Year Ended June 30, 2020 MARGARET KLEIN Submitted by: Michelle Weidner, Chief Financial Officer Ward I JONATHAN Recommended Cit Council Action: I request that a resolution be adopted GRIEDER y q p Ward approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2019 and authorizing the transmittal to the Iowa Department of PATRICK Transportation. MORRISSEY Ward Summary Statement: This report summarizes the city's receipts and JEROME expenditures relating to streets and is required to be filed with the State of Iowa by AMOS,JR. Iowa Code Chapter 312, Section 14. Ward 4 Expenditure Required: None RAY FEUSS Source of Funds- N/A Ward S SHARON Policy Issue: If the report isn't approved by council and filed by JUON September 30, the City's road use tax payments will be suspended. At-Large Alternative: N/A DAVE BOESEN Background Information: This report provides the Iowa Department of At-Large Transportation and the Federal Highway Administration with a documented record of receipts and expenditures made for streets and related activities in the City of Waterloo. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 33 of 166 Street Finance Report for Waterloo 2020 General SpecialRevenues Debt Capital Fund Road Utilities Grand Summary Streets Use Other Service Projects (600& Up) Total (001) (110) (200) (300) Begining Balance $26,098,493 $11,117,439 $2,134,588 $39,350,520 Expense $121,788 $14,863,903 $10,323,929 $2,399,868 $2,975,182 $227,427 $30,912,097 Revenue $121,788` $9,269,267 $10,355,955 $2,399,868 $4,912,587 $227,427 $27,286,892 Ending Balance $20,503,857 $11,149,465 $4,071,993 $35,725,315 Resolution Number: 0 Execution Date: 9/28/2020 Signature: Quentin Hart Page 34 of 166 Street Finance Report for Waterloo 2020 General SpecialRevenues Fund Road Debt Capital Utilities Grand Expenses Service Projects Streets Use Other (600& Up) Total (001) (110) (200) (300) Salaries- Roads/Streets $1,029,959 $682,350 $1,712,309 Benefits- Roads/Streets $715,268 $350,673 $1,065,941 Training& Dues $931 $733 $1,664 Building& Grounds Maint. & Repair $19,886 $19,886 Vehicle &Office Equip Operation and Repair $160,847 $5,438 $166,285 Other Maintenance and Repair $13,974 $13,974 Janitorial $10,100 $10,100 Medical $1,663 $1,663 Street Maintenance Expense $1,050,170 $237,032 $1,287,202 Technology Expense $2,052 $11,734 $13,786 Other Professional Services $1,500 $1,500 Other Contract Services $158,500 $158,500 Minor Equipment Purchases $6,539 $1,357 $7,896 Office Supplies $3,055 $3,055 OperatingSupplies $2,932 $2,932 Postage &Safety $2,694 $551 $3,245 Other Supplies $4,575 $1,090 $5,665 Vehicles $960,575 $960,575 Right-of-Way $43,611 $43,611 Bridges&Culverts $89,899 $89,899 Street-Capacity Improvement $6,878,192 $9,032,971< $1,970,996 $17,882,159 Principal Payment $2,136,619 $2,136,619 Interest Payment $262,140 $262,140' Bond Registration Fees $1,109 $1,109 Parking $121,788 $121,788 Street Lighting $520,802 $520,802 Traffic Control/Safety $1,540,991 $1,540,991 Snow Removal $1,607,842 $1,607,842 Highway Engineering $1,008,704 $1,008,704 Depreciation & Building Utilities $32,828 $32,828 Page 35 of 166 Street Finance Report for Waterloo 2020 Street cleaning $227,427 $227,427 Total $121,788 $14,863,903 $10,323,929 $2,399,868 $2,975,182 $227,427 $30,912,097 Page 36 of 166 Street Finance Report for Waterloo 2020 General SpecialRevenues Fund Road Debt Capital Utilities Grand Revenues Service Projects Streets Use Other (200) (300) (600& Up) Total (001) (110) Levied on Property $1,585,368 $1,585,368 TIF Revenues $245,853 $245,853 Other Taxes (Hotel, LOST) $10,237,425 $10,237,425 Licenses & Permits $17,532 $17,532 Interest $78,362 $102,402 $100,184 $280,948 Federal Grants $99,208 $612,887 $712,095 State Revenues- Road Use Taxes $8,792,796 '$8,792,796' Other State Grants- IDOT $13,190 $48,663 $61,853 Charges/fees $121,788 $267,587 $16,128 $227,427 $632,930 Sale of Property& Merchandise $592 $592 Proceeds from Debt $814,500 $3,905,000 $4,719,500 Total $121,788 $9,269,267 $10,355,955 $2,399,868 $4,912,587 $227,427 $27,286,892 Page 37 of 166 Street Finance Report for Waterloo 2020 Bond/Loan Principal Total Total Principal Interest Principal Balance Principal Interest Balance Description Roads Roads As of 7/1 Paid Paid As of 6/30 2015A GO $9,430,000 $770,000 $293,581 $110,917 $42,290 $8,660,000 2016A GO $6,485,000 $725,000 $130,900 $177,865 $32,114 $5,760,000 2011A GO $2,715,000 $2,715,000 $44,796 $786,839 $12,982 $0 2012A GO $4,000,000 $675,000 $83,030 $249,785 $30,725 $3,325,000 2013A GO $3,705,000 $390,000 $93,038 $65,781 $15,693 $3,315,000 2014A GO $5,530,000 $850,000 $158,056 $100,322 $18,655 $4,680,000 2014C GO $1,690,000 $550,000 $33,800 $155,192 $9,537 $1,140,000 2017A GO $7,360,000 $795,000 $145,100 $109,490 $19,984 $6,565,000 2018A GO $9,415,000'i $1,290,000 $282,450 $147,272 $32,246 $8,125,000 2020A GO $7,025,000 $0 $0 $0 $0 $7,025,000 2019A GO $6,790,000' $560,000 $194,081 $109,658 $38,004 $6,230,000 2019C GO $2,770,000 $420,000 $33,702 $123,498 $9,910 $2,350,000 Page 38 of 166 Street Finance Report for Waterloo 2020 Description Model Year Usage Type Cost Purchased Status John Deere 770G Grader 2014 Purchased $193,257 No Change Tink Bucket Grapple for End Loader 1999 Purchased $6,800 No Change Deere 260 Skid Loader with 48" Forks, Bucket, Plow 2000 Purchased $33,100 No Change Angle Broom for Deere 260 Skid Loader 2003 Purchased $5,130 No Change Caterpillar Reclaimer 1991 Purchased $250,000 No Change Target Pro 65 Cement Saw 1991 Purchased $8,000 No Change Caterpillar Vibrator Roller 1991 Purchased $50,000 No Change Deere 672D 4WD Motor Grader 2009 Purchased $148,008 No Change Crafco Trailer-Mounted Crack Sealer'EZ1000EB 2011 Purchased $36,594 No Change Deere 624K 4WD Loader 2009 Purchased $119,556 No Change Ferguson 4988 Static Roller 2006 Purchased $38,962 No Change Deere 770CH Motor Grader 1998 Purchased $154,900 No Change Deere 770CH Motor Grader 1998 Purchased $154,900 No Change Deere 770CH Motor Grader 1998 Purchased $154,900 No Change Deere310SE Wheel Loader Backhoe w/Tamper Ext 1999 Purchased $66,400No Change Maurer 20'Tandem Trailer 2000 Purchased $5,365 No Change Grapple Bucket for End Loaders 2008 Purchased $14,950 No Change Deere 544J End Loader 2004 Purchased $118,160 No Change Deere 655K-II 4WD Loader with Bucket 2016 Purchased $113,900 No Change Freightliner 108SD Dump Truck 2014 Purchased $130,401 No Change Freightliner 108SD Dump Truck 2014 Purchased $130,401 No Change International 7300 Single Axle Dump Truck 2019 Purchased $150,964 No Change International 7300 Single Axle Dump Truck 2019 Purchased $150,964 No Change Navistar 4700 Oil Distributor with Tank&Sprayer 2002 Purchased $88,807 No Change Ingersoll Rand PT125R Pneumatic Tire Compactor 1998 Purchased $41,700 No Change Etnyre Chip Spreader 1999 Purchased $132,925 No Change Elgin Pelican Street Sweeper Series P 2004 Purchased $108,275 ' No Change Elgin Pelican Dual Street Sweeper Series P 2004 Purchased $106,000 No Change Ford F 250 Pickup-White 2000 Purchased $23,402 No Change Ford F150 Supercab XL-White 2014 Purchased $23,530 No Change Ford F150 Supercab XL-White 2014 Purchased $24,157 No Change Ford F150 Supercab XL-White 2014 Purchased $24,157 No Change Ford SD F350 1 Ton Pickup-White 2016 Purchased $49,981 No Change Page 39 of 166 Street Finance Report for Waterloo 2020 Ford SD F350 1 Ton Pickup-White 2016 Purchased $49,981 No Change Elgin Pelican Street Sweeper 2015 Purchased $187,104No Change Freightliner Dump Truck 2017 Purchased $138,452 No Change Freightliner Dump Truck 2017 Purchased $138,452' No Change Freightliner M2106 Asphalt Patcher 2008 Purchased $103,783 No Change Sno-Go Loader-Mounted Snow Blower 1990 Purchased $38,143 No Change Freightliner Single Axle Dump Truck M2106V 2009 Purchased $111,538 No Change Freightliner Single Axle Dump Truck M2106V 2009 Purchased $111,538 No Change Intl Tandem Dump Truck w/anti-icing system 2010 Purchased $131,533 No Change Intl 7300 Single Axle Dump Truck 2010 Purchased $113,600'- No Change Intl 7300 Single Axle Dump Truck 2010 Purchased $113,600 No Change Elgin Pelican Street Sweeper 2010 Purchased $161,261 No Change Freightliner M2106V Dump Truck w/anti/icing system 2012 Purchased $134,132 No Change Freightliner M2106V Dump Truck w/anti/icing system 2012 Purchased $134,132 No Change Freightliner M2105V Dump Truck w/anti-icing system 2012 Purchased $132,109 No Change Elgin Pelican Street Sweeper 2011 Purchased $165,352 No Change Ingersoll Rand 185 Compressor 1990 Purchased $8,008 No Change Ford F250 Flatbed Truck 1999 Purchased $21,617 Sold Ford F350 XLS Dually Pickup 2005 Purchased $20,878 No Change Chevy Colorado 1/2 Ton Pickup-White 2005 Purchased $15,456 No Change Ford F450-550 White Flatbed Pickup 2003 Purchased $34,092 No Change Intl 4700 T444E Dump Truck 2001 Purchased $68,064 No Change Intl 4700 T444E Dump Truck 2001 Purchased $68,064 No Change Freightliner FL80 Dump Truck 2003 Purchased $75,622 No Change Freightliner M21106 Dump Truck-Yellow 2004 Purchased $67,962 No Change Freightliner M2106 Dump Truck-Yellow 2004 Purchased $67,962 No Change Freightliner M2106 Dump Truck-Yellow 2004 Purchased $67,962 No Change Freightliner M2106 Dump Truck 2006 Purchased $84,565 ' No Change Freightliner M2106 Dump Truck 2006 Purchased $84,565 No Change Freightliner FL70 Dump Truck 2000 Purchased $70,334 Sold Ford F250 SD SRW Truck 2020 Purchased $32,492 New Line Lazer IV 5900 with Line Driver HD & Dual Based System 2016 Purchased $11,924 No Change Line Lazer IV 3900 with Beat Kit (walk behind) 2016 Purchased $5,568 No Change Ford F750 Digger Derrick 2007 Purchased 1 $122,723 No Change Page 40 of 166 Street Finance Report for Waterloo 2020 Grand Lazer Paint Machine 2019 Purchased $5,926 No Change Ford F250SD SRW 2019 Purchased $42,713: No Change Ford F550 Aerial Boom Truck 2018 Purchased $126,847 No Change Ford Ranger Pickup 2002 Purchased $15,127 No Change Pickup Line Striper AL 120 2008 Purchased $32,003 No Change Ford F750 Truck with Aerial 2004 Purchased $103,027 No Change FT10 Pan Drop Deck Tilt Trailer 2019 Purchased $6,711 New PJ 20 Ft Tilt Trailer 2020 Purchased $6,750 New Ford F550 Service Truck 2019 Purchased $119,149 New Deere 332G Skid Steer Loader2019 Purchased $63,990' New HAMM HD10 Tandem Roller 2018 Purchased $34,683 New Crafco SS 125DC Melter for Crack Sealing 2020 Purchased $73,570' New $6,381,610 Page 41 of 166 Street Finance Report for Waterloo 2020 Project Description Contract Price Final Price Contractor Name FY14 Kimball Ave Transportation Improvements $5,914,307 $6,242,412 Cedar Valley Corporation FY18 Street Reconstruction Program $7,168,904 $6,732,946 Aspro, Inc. &Subsidiaries FY18 Dubuque Rd over Blowers Creek Bridge Repairs $334,269 $484,332 'Boulder Contracting, LLC FY18 Asphalt Overlay Program $3,364,128 $3,294,708 Aspro, Inc. &Subsidiaries FY19 Street Reconstruction Program $3,640,090 $3,538,522 Aspro, Inc. &Subsidiaries Fifth &Sixth Streets Signal Improvements $500,000 $500,000 KW Electric, Inc. Osage Rd i& Dubuque Rd Traffic Safety Impr $180,000 $200,000 KW Electric, Inc. Page 42 of 166 CITY OF WATERLOO Council Communication Resolution approving request of Radoslav Srijemac for a waiver for a concrete driveway, located at 3116 Franklin Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ DW Wavier 3116 Franklin St Backup Material Resolution approving request of Radoslav Srijemac for a waiver for a SUBJECT: concrete driveway located at 3116 Franklin Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. Recommended Action: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO EAST PART OF SE NE SEC 29 T 89 R 12 Legal Descriptions: COM AT PT 896.4 FT W& 25 FT S OF NE CO R SE NE TH W 50 FT THS 185 FT TH E 50 FT TH N 185 FT TO PT OF BEG Page 43 of 166 q WAIVER. Date: Honorable Mayor and City Council City Hall Waterloo, lA 50703 Council Persons: I hereby re est a w iver to the driveway and sidewalk specifications for the construction of a �Y1Gf�T-e— driveway or sidewalk located at (concrete or asphalt) 3116 FrA nkA lyt �-. . (Address) This waiver is needed because of: special surface texture to be used on the concrete approach(i.e.,exposed aggregate, brick stamped pattern,paving brick), elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City rlglht-of-way on an unimproved street. Other: i I agree to the following: I. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. i 2. To remove and replace the private driveway, as needed,to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. S. To have the driveway constructed according to the specifications and policies of the City ) Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, S aw Printed Name of Property Owner Signature of Property 6wner Page 44 of 166 CITY OF WATERLOO Council Communication Resolution approving request of Suad Murgic for a waiver for a concrete driveway, located at 1645 Easton Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ DW Waiver 1645 Easton Ave Backup Material Resolution approving request of Suad Murgic for a waiver for a concrete SUBJECT: drivewa3, located at 1645 Easton Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1645 Easton Avenue. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Descriptions: GOLDEN GARDENS ADDITION LOT 14 BLK 10 Page 45 of 166 WAIVER Date. Honorable Mayor and City Council City Hall 0 Waterloo, IA 60 '03 �CK of wALIC f5 A�vUi Council Persons: QTS 1�/7bo I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according. to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 46 of 166 CITY OF WATERLOO Council Communication Motion approving Change Order No. 3 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$46,620, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type ❑ Change Order No. 3 Backup Material Motion approving Change Order No. 3 from Peterson Contractors, Inc., of SUBJECT: Reinbeck. Iowa, for a net increase of$46,620, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer Recommended Action: Approve change order Expenditure Required: $46,620.00 Source of Funds: RISE/TIFF/Local Option The prepared soil subgrade had several areas of unstable soils during the Background Information: load test. In order to provide a more stable and uniform subgrade, an additional 6" of soil will be removed and additional 6" of modified subbase added. Page 47 of 166 1DOT F"«831240 {oz-18) CHANGE ORDER For local Public Agency Projects No.:3 Non-Substantial: Substantia[: F] Administering Office Concurrence Date Accounting ID No.(5-digit number): Project Number:RM-8155(765)--9D-07 Contract Work Type:PCC Paving Local Public Agency:City of Waterloo Contractor:Peterson Contractors,Inc. Date Prepared:9/21/2020 You are hereby authorized to make the following changes to the contract documents. A-Description of change to be made: 0010-Add Below Grade Excavation for coreout 0050-Add quantity for additional depth of subbase material B-Reason for change: The prepared soil subgrade had several areas of unstable soils during proofroll, In order to provide a more stable and uniform subgrade,an additional 6"of soil will be removed and additional 6"of modified subbase added. i I C-Settlement for cost(s)of change as follows with items addressed in Sections F andlor G: 0130-Contract unit price for below grade excavation-2 times unit price per Section 2102.05 0220-Contract unit price i D-Justification for cost(s)(See I.M.3.805,Attachment D,Chapter 2.36,for acceptable justification): E-Contract time adjustment: ® No Working Days added Working Days added: Unknown at this time Justification for selection: Completion Date Project Page 9 of 2 j Page 48 of 166 2 k 4 QJ 10WAD0T Accounting ID No.(5-digit number): Form 831240 (01-1B) Change Order No.: F-Items included in contract: Participating For deductions enter as "-x.xx" Federal- State- Line Unit Price Quantity Amount aid aid Number Item Description xx xxx xx X 0010 Excavation,Class 10,Roadway and Borrow $6.00 1,110.000 $6,660.00 X 0050 Modified Subbase $36.00 1,110.000 $39,960.00 Add RowDelete Row TOTAL $46,620.00 G-Items not included in contract: Participating For deductions enter as "-x.xx" Federal- State- Change Item Number Item Description Unit Price Quantity Amount aid aid Number xx xxx Ax Add RawDelete Row TOTAL H.Signatures Agreed: W� 5&&4 9/23/2020 Contractor ETERSONCONTRACTORS INC.Date Recommended: � ') 9/23/2020 Project ngineer Date Approved: �I Person in Responsible Charge Date Other (optional) Title Date Contracting Authority optional Date Other (optional) Title Date Iowa DOT Administering Office Approval is contingent upon funds being available under the existing project agreement or upon additional Federal-aid funds being made available by a modified project agreement. FHWA Concurrence: Federal Highway Division A ministration Date (if required) DISTRIBUTION(after fully executed on LPA projects):Original-Finance;Copies-Contractor,Project Engineer,Contracting Authority,Administering Office. Date distributed: Initials: Page 2of2 Page 49 of 166 CITY OF WATERLOO Council Communication Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, Iowa, for a net increase of$31,137.44, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/1/2020 ATTACHMENTS: Description Type ❑ Change Order No. 3 Backup Material Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, SUBJECT: Iowa, for a net increase of$31,137.44, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Recommended Action: Approve change order. Leisure Services has requested assistance in performing repairs to the Young Arena parking lot and building entrances. Repairs are need for the concrete sidewalks along the south edge of the building and the parking lot pavement between the building and the parking stalls. Total repair costs exceed current budgets, so Leisure Services has elected to separate these repairs into two phases and make the repairs over two years. Phase 1 will be repairs to the sidewalks along the building and patch the parking lot pavement in front of Summary Statement: the main entrance. Phase 2 will be next year and consists of an overlay to the parking lot between the building and the parking stalls and includes improvements to the handicap parking stalls and main handicap ramp along the building. Under this change order, an additional bus parking area will be added at the southeast corner of the building. Repairs will be made to the curb and sidewalk abutting the main entrance stairs and the west exit. Partial depth repairs will be made to the parking lot pavement in front of the main entrance. Source of Funds: Leisure Services Page 50 of 166 CITY OF WATERLOO, IOWA CHANGE ORDER No. 3 PROJECT: F.Y. 2020 ASPHALT OVERLAY PROGRAM CONTRACT NO. 992 Date Prepared: September22 2020 AMOUNT: $31,137.44 INCREASE TO: ASPRO, INC. Contractor You are hereby ordered to make the fallowing changes from the plans and specifications or perform the following extra work on your contract dated July 20, 2020. A. Description of change to be made or extra work to be done: 3001 Removal of Sidewalk 3002 Removal of Pavement 3003 Sidewalk, PCC, C-4, 4-inch 3004 Sidewalk, PCC, C-4, 6-inch Pedestrian Ramp 3005 Detectable Warning 3006 Remove Curb & Gutter 3007 Curb & Gutter, 24-inch wide, 8-inch thick, PCC C-4 3008 Pavement, PCC, C-4, 6-inch 3009 Pavement, PCC, C-4, 8-inch 3010 Partial Depth Repair Patches B. Reason for ordering change or extra work: Leisure Services has requested assistance in performing repairs to the Young Arena parking lot and building entrances. Repairs are need for the concrete sidewalks along the south edge of the building and the parking lot pavement between the building and the parking stalls. Total repair costs exceed current budgets, so Leisure Services has elected to separate these repairs into two phases and make + the repairs over two years. Phase 1 will be repairs to the sidewalks along the building and patch the f. parking lot pavement in front of the main entrance. Phase 2 will be next year and consists of an overlay to the parking lot between the building and the parking stalls and includes improvements to the handicap parking stalls and main handicap ramp along the building. Under this change order, an additional bus parking area will be added at the southeast corner of the building. Repairs will be made to the curb and sidewalk abutting the main entrance stairs and the west exit. Partial depth repairs will be made to the parking lot pavement in front of the main entrance. Work to be paid by Leisure Services through existing facility improvement funds. Work to be completed prior to November, 2020. C. Settlement for cost of work to be made as follows: Change Order No. 3 Contract No. 992 Sheet 1 of 2 Page 51 of 166 Bid Item Unit Total Unit Price Total Bid Price 3001 5F 1,229.6 $ 5.25 $ 6,455,40 3002 SY 18.0 $ 15.00 $ 270,00 3003 SIF 1,162.0 $ 7.25 $ 8,424.50 3004 5F 67.6 $ 8.85 $ 598.26 3005 SF 12.0 $ 43.25 $ 519.00 3006 LF 126,0 $ 20.00 $ 2,520.00 3007 LF 126.0 $ 4T00 $ 5,922.00 3008 SY 46,0 $ 62,00 $ 2,852,00 3009 SY 15.8 $ 63.50 $ 1,003.30 301.0 5F 281.2 $ 9.15 $ 2,572.98 i $ 31,137.44 TOTAL INCREASE $31,137.44 BY: ASPRO, INC. Mayor Date CONTRACTOR 'Zo BY: Date TITLE: ATTEST: City Clerk Date APPR VED: 99, City Engineer Da e Change Order No. 3 Contract No. 992 Sheet 2 of 2 Page 52 of 166 CITY OF WATERLOO Council Communication Motion to receive and place on file the 2019 Operating Report of the Waterloo Water Works. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type ❑ 2019 Operating Report Backup Material SUBJECT: Motion to receive and place on file the 2019 Operating Report of the Waterloo Water Works. Submitted by: Submitted By: Chad Coon, General Manager, Waterloo Water Works Recommended Action: Receive and place on file the 2019 Operating Report of the Waterloo Water Works. Summary Statement: The Board of Trustees of the Waterloo Water Works approved the report at their regular Board Meeting on September 16, 2020. Expenditure Required: No City funds are required for this action. The Waterloo Water Works pays for the cost of the report. Source of Funds: Waterloo Water Works operating funds, generated primarily from water sales. Page 53 of 166 WATERLOO WATER WORKS 2019 OPERATING REPORT WATERLOO WATER WORKS WATERLOO WATER WORKS 2019 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works' 2019 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production and customer service performance milestones ilesto�yes that were achieved throughout the year in 2019. The Water Works added or replaced 15,975 feet of water main in 2019. Pumpage for 2019 ended the year down 0.72% compared to the previous year, and water sales revenue ended the year up 1.6% on a year-to-year basis. While replacement of water main along University Avenue continues to be a large capital project, for 2019 it was joined by other projects. University Avenue is a multi-year, multi-phase project being done in conjunction with the City of Waterloo's street reconstruction. Other large projects included installing new water main along Independence Avenue as well as replacing water main under Hammond Avenue and Highway 20. Other investments include conducting a Corrosion Control Study for the Iowa Department of Natural Resources in conjunction with the United States Environmental Protection Agency, completing an inspection of our Ground Storage Reservoir, and beginning work on replacing the water main along the Park Avenue Bridge in conjunction with the City of Waterloo's bridge replacement program. In 2019 the Waterloo Water Works' Board of Trustees also made the decision to move forward with the installation of antennas on some of our water towers to continue to advance our Automated Metering Infrastructure program for automatic meter reading. The year 2019 also saw the Water Works continue to invest in source water protection and production. Well #21 work that included new standby power, a variable frequency drive unit, and additional electrical upgrades was completed. The Water Works also continued to investigate potential upgrades to Well #22 to help reduce the level of nitrate introduced into the drinking water system. The Water Works is committed to providing high quality, low cost water to the citizens of Waterloo. There were six Water Works employees who worked their first day for the utility in 2019, and a few who worked their last day as well. The utility transitioned through the replacement process as there were retirements and employees moving on to other employment. Page 1 Page 55 of 166 In 2020, the Waterloo Water Works plans to continue on an aggressive path to repair, replace, or upgrade critical system assets, while also planning for the future. Projects scheduled for major investments in 2020 include continuation of the annual water main replacement programs associated with City of Waterloo street reconstruction projects; continuation of the University Avenue Phase 1 and Phase 2 reconstruction projects and the beginning of Phase 3; design, bidding and commencement of construction on Leversee Road and Warp Drive; design of water main replacement along East Shaulis Road in conjunction with the Lost Island Theme Park; and design of water main replacement for the river crossing at Park Avenue. The Water Works has also started working with a third party company to provide our customers a web-based Customer Information System that will allow them to track their usage and can alert them to, and help them find, potential leaks. This system will work in conjunction with our Automated Metering Infrastructure provider, Sensus Metering, as the Water Works continues to rollout investment in contact-less meter reading. Finally, 2019 was another year of change for the Waterloo Water Works management team. Former General Manager Dennis Clark was able to provide assistance to new Assistant General Manager Rick Wilberding with daily operations until new General Manager Chad Coon was able to start in May. Former City Council member and Water Works Board Member Ron Welper resigned from the Board of Trustees and Thomas Wall was appointed as the replacement by the Mayor Quentin Hart. The Waterloo Water Works Board of Trustees members Mary Potter, Scott Wienands and Thomas E. Wall continue to provide the guidance, support and leadership that this utility relies on as we serve the great customers of the City of Waterloo. Respectfully submitted, Chad Coon, General Manager Page 2 Page 56 of 166 TO THE BOARD OF WATER WORKS TRUSTEES Mary H. Potter, Chair Scott Wienands, Vice-Chair Thomas E. Wall, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2019. The following tables show selected revenue and expenditures for the year ending December 31, 2019 as compared with the year ending December 31 , 2018. A full disclosure of the Waterloo Water Works' financial information can be obtained from the annual audit report. The following figures reflect audited amounts. Revenue Dec. 31, 2018 Dec. 31, 2019 Metered Water-Net Rates $9,853,371 $10,177,718 Fire Protection 94,024 94,003 Capital Contributions 4,640 38,488 Billboard, Antenna & Farm Rent 192,374 171,174 Interest Earned 226,812 314,041 Other Revenue 1,004,968 881,863 Total Revenue $11,376,189 $ 11,677,287 Operating Expenses Salaries and Benefits $3,934,940 $3,793,456 Contractual Services 794,701 1,068,439 Commodities 1,309,291 1,449,320 Interest Expense 0 0 Loss on Disposal of Capital Assets (18,864) (13,753) Depreciation 814,323 905,307 Other Expenses 0 0 Total Expenditures $ 67834,391 $ 7,202,769 Net Revenue $ 4,541,798 $ 4,474,518 Total Assets $48,584,604 $53,397,154 Total Liabilities 5,834,064 6,172,096 Total Net Assets $42,750,540 $47,225,058 Tax Money Received $ 0 $ 0 Bonded Indebtedness $ 0 $ 0 Page 3 Page 57 of 166 The following amounts were expended for Capital Improvements and Extraordinary Items during the year ending December 31, 2019 as compared to the year ending December 31, 2018. Jan. 1, 2018 to Jan. 1, 2019 to Dec. 31, 2018 Dec. 31, 2019 Autos, Trucks and Distribution Vehicles & Equipment 43,621.19 53,172.50 Small Equipment for Distribution/Meter Dept. 1,997.74 3,071.27 Safety Equipment 0.00 0.00 Backflow Prevention Program 2,236.11 2,599.92 Tapping Machine 52,684.00 0.00 Groundskeeping Tractor 0.00 24,781.32 Misc. Water Main Extensions 219,839.68 9,353.53 Misc. Water Main Work as part of City Projects 35,406.34 15,103.00 Annual Water Main Replacement Programs 210,219.67 80,163.19 Pumping Station and Well House Improvements 99,454.68 53,137.58 SCADA, Radio and Sensor Improvements 347880.60 26,074.94 Computer Equipment and Software 9,270.81 7,612.80 Office, Security, and Building Equipment 8,118.52 0.00 Dysart Road Water Main Replacement 353,165.73 (765.93) West Shaulis Road Water Main Replacement 20,036.95 0.00 Highway 63 North Water Main Replacement 38,822.06 0.00 Progress Avenue Water Main Replacement 21,188.55 0.00 Well No. 21 Electrical Improvements 106,243.06 398,275.94 Leversee Rd. & Dunkerton Rd. Water Main Extension 17,026.00 17,841.00 Highway 63 Jefferson to Franklin Main Replacement 6,280.00 288.00 University Avenue Main Replacement 605,543.43 1,396,584.26 Northeast Drive Water Main Extension 413,480.37 203,262.40 Martin Luther King Jr. Water Main Extension 552,748.55 18.582.67 Independence Ave. 30,857.00 508,236.89 AMR/AMI Metering 43,264.36 181,986.73 Property Acquisition 157,820.00 530.00 GIS-Mapping-CMMS-Doc. Mgmt.-Modeling 6,714.62 15,639.47 (2018 amounts restated from previous report) $3,104,182.02 $3,015,531.48 The following data is used to compute the comparative cost per 1,000 gallons pumped. 2018 2019 Pumpage in Gallons 4,274,263,000 4,243,527,000 Operating Revenue $9,947,395 $10,271,721 Non-Operating Revenue 1,428,794 1,405,566 Total Revenue $11,376,189 $11,677,287 Salaries and Benefits $3,934,940 $3,793,456 Contractual Services 794,701 1,068,439 Commodities 1,309,291 1 ,449,320 Depreciation 814,323 905,307 Interest Expense 0 0 Loss on Disposal of Capital Assets (18,864) (13,753) Other Expenses 0 0 Total Expenses $6,834,391 7,202,769 Net Revenue $4,541,798 $4,474,518 Page 4 Page 58 of 166 The following tabulation shows the revenue per 1,000 gallons pumped for the year ending December 31, 2018 as compared with the year ending December 31, 2019. Dec. 31, 2018 Dec. 31, 2019 Operating Revenue 2.3273 2.4206 Non-Operating Revenue 0.3343 0.3312 Total Revenue 2.6616 2.7518 Salaries and Benefits 0.9206 0.8939 Contractual Services 0.1859 0.2518 Commodities 0.3063 0.3415 Depreciation 0.1905 0.2133 Interest Expense 0.0000 0.0000 Loss on Disposal of Capital Assets (0.0044) (0.0032) Other Expenses 0.0000 0.0000 Total Expense 1.5989 1.6973 Net Revenue 1.0627 1.0545 Page 5 Page 59 of 166 Manager, Ryan Manahl This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2019, ductile iron water main extensions were made as follows: Main Number Location Size Feet Funding Source Dysart Road (Kimball Avenue Rural System) 2" 1,463 Paid by Developer Independence Avenue 8" 4 Waterloo Water Works Foundation Drive 8" 299 Paid by Developer Kimberly Lane 8" 680 Paid by Developer Cathy Jean Court 8" 827 Paid by Developer Total 8" Main 8" 1,810 Northeast Drive 16" 3,723 Waterloo Water Works Independence Avenue 16" 4,186 Waterloo Water Works Total 16" Main 16" 7,909 MAIN FOOTAGE PAID BY WWW 7,913 MAIN FOOTAGE PAID BY DEVELOPER 3,269 TOTAL WATER MAIN INSTALLED 11,182 MILES 2.18 Miles Water Main Replacement: During the year ending December 31, 2019, the following ductile iron (unless indicated) water main replacement projects were completed as follows: Main Number Location Size Feet Funding Source Coachman Drive 6" 1,289 Waterloo Water Works University Avenue 6" 131 Waterloo Water Works University Avenue 8" 495 Waterloo Water Works University Avenue 12" 2,141 Waterloo Water Works Hammond Avenue 12" (PVC) 737 Waterloo Water Works TOTAL WATER MAIN REPLACED 4,793 MILES 0.91 Miles Page 6 Page 60 of 166 Valve Inventory: Size 3" 4" 6" 8" 10" 12" 16" 20" Gained 2019 Waterloo System 0 0 52 10 0 0 16 0 Total Valves in System 3 71 4,925 882 174 1,087 163 73 7,378 Valves in Flow & Well Lines as of December 31, 2019: 50 Hydrant Inventory_ Hydrants in Service January 1, 2019 3,309 Additions Due to New Main Construction 28 New Installation Cut-In 0 Hydrants Eliminated 4 Net Gain 24 Hydrants in Service December 31, 2019 3,333 Hydrant Maintenance: Hydrants Repaired in Place 5 Hydrants Replaced 33 Hydrants Inspected and/or Flushed 656 2018 2019 Broken Hydrants (typically hit by vehicles) 12 8 Frozen Hydrants 1 0 Frozen Mains 0 0 Ludlow Common Hydrants in System 74 58 Main Leaks Repaired (joint leak, pin hole) 6 6 Broken Mains (sheared, cracked, longitudinal) 50 48 Private Service Lines Leaks 120 120 The Distribution Department operated and serviced hydrants and valves where required. Page 8 Page 61 of 166 Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile, cast iron, and PVC mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2019. Size Abandoned Constructed Net Gain Total Number of 2019 2019 2019 of Feet in Number Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage 4" 0 0 0 9,019 1.71 0.44 6" 128 1,420 1,292 956,477 181.15 46.91 8" 198 2,305 2,107 325,479 61.64 15.96 10" 0 0 0 40,201 7.61 1.97 12" 2,205 2,878 673 494,443 93.64 24.25 14" 0 0 0 4,611 0.87 0.23 16" 160 7,909 7,749 110,333 20.90 5.41 20" 0 0 0 97,765 18.52 4.80 24" 0 0 0 469 0.09 0.02 TOTAL 2,691 14,512 11,821 2,038,797 386.13 100.00 Net Gain in 2019: 2.24 Miles Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31 , 2019. Size Total Number of of Feet in Number of Pipe System Miles Percentage 2" 6,036 1 .14 9.66 3" 17,492 4 1 9 3 3 27.98 4" 8,270 1.56 13.23 6" 30,717 5.82 49.14 TOTAL 62,515 11 .84 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. Sizes of Number of Pipe Feet 8" 580 10" 600 12" 1 ,348 16" 13,981 20" 10,378 24" 600 TOTAL 27,487 Page 7 Page 62 of 166 Vehicle Record: Report of operation cost for the year ending December 31, 2019. 2019 Total 2019 2019 2019 2019 2019 Cost No. Vehicle Mileage Mileage Expense Depreciation Insurance Labor Total Cost Per Mile 1 2017 Ford Taurus 2,437 10,498 $ 294.59 $ 4,162.00 $ 527.46 $ - $ 4,984.05 $ 2.0452 2 2006 Chev. Malibu 5,778 88,558 $ 1,069.69 $ - $ 527.46 $ - $ 1,597.15 $ 0.2764 4 2009 Ford F150 1/2T PU 4,722 74,252 $ 971.43 $ $ 527.46 $ - $ 1,498.89 $ 0.3174 4 2020 Ford F150 23 44 $ 41.90 $ - $ - $ - $ 41.90 $ 1.8217 5 2009 Ford F150 PU 10,292 102,866 $ 7,169.52 $ - $ 527.46 $ 184.42 $ 7,881.40 $ 0.7658 6 1995 Chev. S10 Pickup 1,851 122,024 $ 367.44 $ - $ 527.46 $ - $ 894.90 $ 0.4835 7 2011 Ford F150 PU 6,150 101,854 $ 2,014.71 $ 688.50 $ 263.73 $ 30.77 $ 2,997.71 $ 0.4874 7 2019 RAM 1500 Classic 8,057 8,488 $ 2,030.87 $ 2,359.12 $ 263.73 $ 122.88 $ 4,776.60 $ 0.5929 8 2016 Ford F150 PU 11,823 43,775 $ 4,023.96 $ 2,767.44 $ 527.46 $ 30.72 $ 7,349.58 $ 0.6216 9 2013 Ford F350 Valve Exerciser 1,301 17,842 $ 1,244.52 $ - $ 527.46 $ 61.44 $ 1,833.42 $ 1.4092 10 2011 Ford F150 PU 13,306 107,174 $ 3,308.57 $ $ 527.46 $ 153.70 $ 3,989.73 $ 0.2998 11 2007 Ford 3/4 PU 2,653 64,970 $ 4,275.02 $ $ 527.46 $ 30.72 $ 4,833.20 $ 1.8218 12 2018 Dodge 3500 6,888 19,136 $ 3,938.17 $ 10,049.04 $ 527.46 $ 92.16 $ 14,606.83 $ 2.1206 b 15 2012 Ford F150 Pickup 11,784 107,633 $ 2,041.08 $ - $ 527.46 $ - $ 2,568.54 $ 0.2180 16 2013 Ford F150 PU 5,674 46,994 $ 1,494.62 $ - $ 527.46 $ - $ 2,022.08 $ 0.3564 m 17 2018 Ford F-150 14,656 23,826 $ 5,727.26 $ 4,940.00 $ 527.60 $ 61.44 $ 11,256.30 $ 0.7680 `O 18 2018 Dodge Ram 3500 9,278 11,620 $ 4,635.43 $ 4,651.75 $ 527.58 $ 92.16 $ 9,906.92 $ 1.0678 19 2012 Ford F150 Pickup 6,390 108,821 $ 30,027.63 $ 647.03 $ 263.79 $ - $ 30,938.45 $ 4.8417 19 2019 Ford F150 PU 7,756 8,263 $ 2,216.55 $ 2,522.45 $ 263.79 $ 61.44 $ 5,064.23 $ 0.6529 20 2016 John Deere Backhoe 805 Hrs. 2,453 $ 7,447.96 $ 12,071.70 $ 527.58 $ 61.44 $ 20,108.68 $ 24.9797 21 1997 Case Loader/Backhoe 354 Hrs. 8,612 $ 4,902.83 $ - $ 527.58 $ 384.00 $ 5,814.41 $ 16.4249 33 2003 Int. Dump Truck 3,928 86,185 $ 17,610.22 $ - $ 527.58 $ 92.16 $ 18,229.96 $ 4.6410 34 2013 Freightliner Dump Truck 7,014 46,360 $ 10,844.47 $ 9,163.50 $ 527.58 $ 30.77 $ 20,566.32 $ 2.9322 38 1976 Int. Flat Bed Truck 48 22,455 $ 161.22 $ - $ 527.58 $ - $ 688.80 $ - TOTAL 134,053 $ 117,859.66 $ 54,022.53 $ 11,077.64 $ 1,490.22 $ 184,450.05 TOTAL HOURS 1,159 Page 63 of 166 Meter Operations: 2018 2019 Meters in Service as of January 1 26,070 26,164 Meters Removed for Servicing -792 -655 Meters Reset at Existing Accounts 768 651 Meters Set for New Accounts 118 61 Total Meters Set 886 712 Net Accounts Gain/Loss 94 57 Meters in Service as of December 31 26,164 26,221 Meter Repair Work: 2018 2019 Frozen — Base Replacement 73 84 Dead — Piston, Gear or Register 1 2 Replacement Junked Meters 416 296 Meters Removed from Vacated Residences 302 273 Leaky Meters — Bases Replaced 0 0 Miscellaneous Repairs 0 0 792 655 Meters Challenged for Accuracy by 0 0 Resident Remote Readers in Service: 2018 2019 Manual Read Connections Connections Meters Waterloo System 27,212 27,929 9 (Including meters not owned by the Waterloo Water Works) Kimball System 102 105 0 Washburn System 465 493 176 Raymond System 327 338 95 26,714 28,865 280 Approximate non-remoted meters 7 Page 10 Page 64 of 166 WATER PRODUCTION Water Production Manager Travis Larson During the year ending December 31, 2019, the water pumpage has decreased 0.72% from the previous year. 2018 2019 Total Pumpage in Gallons ....... 4,274,263,000 4,243,527,000 Daily Average ....................... 11 ,710,309 11,626,101 Lowest Day .......................... December 25 December 25 Lowest Day Pumpage. ............ 6,982,000 7,393,000 Highest Day .......................... May 31 July 24 Highest Day Pumpage ............ 17,808,000 18,376,000 The record of pumpage for the year ending December 31, 2018, as compared with the year ending December 31, 2019, is as follows: 2018 2019 January 364,445,000 322,319,000 February 321,188,000 314,732,000 March 342,582,000 353,936,000 April 319,967,000 337,814,000 May 379,839,000 371,751,000 June 407,265,000 377,011,000 July **418,731,000 **445,032,000 August 405,125,000 408,452,000 September 345,523,000 347,282,000 October 338,863,000 324,180,000 November 321 ,892,000 *312,439,000 December *308,843,000 328,579,000 TOTAL GALLONS 4,274,263,000 4,243,527,000 Indicates lowest month's pumpage. Indicates highest month's pumpage. Consumption Gallons Percent Registered on Customers' Meters 3,454,343,288 81.40 City Meters - Free Rate 150,604,561 3.55 Water loss from Reservoir (calculated) 150,000,000 3.53 Other Metered Sales 4,918,100 0.12 Unaccounted for Water Including the Following: 483,661,051 11.40 (Flushing water mains to prevent system freeze up, new main construction, routine flushing water mains, 100.00% hydrant flushing and inspection, fire protection, street sweeping, pre-metered construction, sewer flushing, main leaks and service line leaks.) A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir loss is as follows: 2014 2015 2016 2017 2018 2019 75.07% 82.89% 79.69% 79.86% 82.81% 88.60% Page 11 Page 65 of 166 2019 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2019. I. Analyte The following results are based on representative samples from the distribution system. Maximum 2017 2018 2019 Allowable Chemical Test Test Test Limit Total Trihalomethane (ppb) 8.7 7.46 10.7 80 Total Haloacetic Acids (ppb) 3.3 1 .56 6.85 60 Fluoride (ppm) 0.71 0.68 0.68 4 Sodium (ppm) 16.0 16.9 16.9 NR Chlorine (ppm) 1.02 1.03 1.00 4 II. Nitrates - MCL for nitrate is 10 mg/L Maximum Allowable 2018 2019 Well No. Limit Average (ppm) Average (ppm) Well Field 7-13 10 5.45 4.86 14 10 7.75 6.53 15/17 10 <1 .0 <1.0 16 10 8.03 7.00 18 10 4.08 3.83 19 10 2.70 2.00 20 10 6.50 6.28 21 10 2.11 <2.0 22 10 9.20 8.12 Page 12 Page 66 of 166 WATERLOO WATER WORKS WATER ANALYSIS 2019 Maximum Waterloo Maximum Waterloo Contaminant Water Contaminant Water Level Analysis Level Analysis INORGANIC CHEMISTRY Values below this point in mg/L or parts per million pH Value 6.5-8.5 7.5 VOLATILE ORGANIC Spec. Conductance - 652 Halo Acetic Acids 0.060 0.007 Total Alkalinity mg/L - 248 mg/L Trihalomethanes (THM) 0.080 0.011 Total Hardness mg/L - 330 mg/L 1,1-Dichloroethylene 0.007 ND grains per gallon 19.3 gpg Silica mg/L 15.5 mg/L 1,2-Dichloroethane 0.005 ND Total Dissolved Solids mg/L 388 mg/L 1,2-Dichloropropane 0.005 ND 1,2,4-Trichlorobenzene 0.070 ND Values below this point in mg/L or parts per million 1,1,1-Trichloroethane 0.200 ND 1,1,2-Trichloroethane 0.005 ND Magnesium 28 Benzene 0.005 ND Sodium - 16.9 Carbon tetrachloride 0.005 ND Chloride 250.000 41 cis-1,2-Dichlroethylene 0.070 ND Sulfate 250.000 64 Dichloromethane 0.005 ND Ammonia (as N) 0.05 Ethylbenzene 0.700 ND Total Organic Carbon ND Monochlorobenzene 0.100 ND Iron 0.300 0.02 1,2-Dichlorobenzene 0.600 ND Manganese 0.027 1,4-Dichlorobenzene 0.075 ND Antimony 0.006 ND Styrene 0.100 ND Arsenic 0.010 0.001 Tetrachloroethylene 0.005 0.0015 Beryllium 0.004 ND Toluene 1.000 ND Barium 2.000 0.13 trans 1,2-Dichloroethylene 0.100 ND Cadmium 0.005 ND Trichloroethylene 0.005 ND Chromium 0.100 0.00031 Vinyl Chloride 0.002 ND Copper 1.300 0.206 Xylenes (Total) 10.00 ND Fluoride 4.000 0.68 Lead 0.015 0.003 SYNTHETIC ORGANICS Mercury 0.002 ND Nickel 0.100 ND 2.4-D 0.070 ND Nitrate (as Nitrogen) 10.000 5.1 2,4,5-TP (Silvex) 0.050 ND Nitrite (as Nitrogen) 1.000 0.10 Alachlor(Lasso) 0.002 ND Selenium 0.050 0.0027 Aldicarb 0.003 ND Silver 0.005 ND Aldicarb Sulfone 0.003 ND Thallium 0.002 ND Aldicarb Sulfoxide 0.004 ND Atrazine 0.003 ND RADIONUCLIDES Carbofuran 0.040 ND Chlorodane 0.002 ND Radium 226 5 pCi/L 0.40 pCi/L Dalapon 0.200 ND Radium 228 5 pCi/L 2.9 pCi/L Dinoseb 0.007 ND Combined Radium 5 pCi/L 2.9 pCi/L Diquat 0.020 ND Endrin 0.002 ND Endothall 0.100 ND Lindane 0.0002 ND ND- Not Detected Methoxychlor 0.040 ND Oxamyl (Vydate) 0.200 ND Page 13 Page 67 of 166 Service Outside City Limits: The 2019 water consumption and revenue from the cities served are as follows: Number of 2019 Consumption 2019 city Population Accounts Gallons Amount Billed Hudson 2,476 54,847,848 $120,653.21 Elk Run Heights 1,150 22,140,800 $ 63,751.44 Kimball South Rural 250 (Est.) 105 8,813,684 $ 31 ,384.62 Raymond 802 338 13,447993 $ 63,291.91 Washburn/B.H. County 1 ,155 (Est.) 476 17,900,778 $ 82,939.91 The Waterloo Water Works provides full service to Raymond, to the Kimball Avenue Rural System and to the Black Hawk County Rural Water System, including reading meters, billing, collection, and repair and maintenance of the water system. Hudson and Elk Run Heights use Waterloo as their source of supply and operate their own respective systems. Water Production Operational Report 2019 The water operators collect and test over 80 bacteriological (coliform) samples per month at the Pumping Station and throughout the distribution system. Additionally, more than 30 samples are collected and tested from the wells, water towers, individual residences, and special projects on a monthly basis. Over 1 ,200 bacteriological (coliform) samples were analyzed in 2019. Water operators test for free and total chlorine at the Pumping Station and at various locations in the distribution system daily. A chlorine residual of at least 0.3 mg/I must be maintained in the system to provide continuous disinfection of the drinking water to the consumer's tap. In addition, all source entry points have a real-time chlorine analyzer that are monitored by our operators to make sure that acceptable chlorine feed rates are maintained at all times. Fluoride is checked daily by samples from wells that are in operation. More than 240 fluoride samples per month are collected. Backup fluoride samples are also taken at designated sites surrounding the well houses. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Also, over 180 pH samples are taken per month. The total number of coliform, chlorine, fluoride, pH and other water quality analysis conducted by Water Works personnel amounts to over 12,000 tests per year. Page 14 Page 68 of 166 Maintenance and Repair Water Works buildings and facilities are inspected and maintained daily. Electrical systems, SCADA controls, roofs, pumps, standby diesel engine generators, water lines and fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park-like atmosphere. Mowing of grounds was contracted for 2017-2019. Major maintenance and repairs for 2019 are as follows: All Well Houses -Continued maintenance and painting of buildings and piping. Linden Tower Building -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. Booster Station -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new LED Dusk to Dawn Exterior Lighting. Well #7 -Rewired interior of building with new transformer/electrical panel/outlets/lighting. -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. Well #10 -Installed New Yagi Antenna/Coax Cable/Lightning Arrestor. Well #11 -Repaired and painted metal window frames-installed new glass. -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. Well #12 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Repaired and painted metal window frames-installed new glass. Well #13 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Repaired and painted metal window frames-installed new glass. -Installed new Micrologics 1400 PLC controller. Well #14 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new LED Dusk to Dawn Exterior Lighting. Well #15 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new 150hp US Motor-electric motor on well. Page 15 Page 69 of 166 Well #16 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new LED Dusk to Dawn Exterior Lighting. Well #17 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new Square D 200hp Altistart (Softstart) for electric well motor. Well #18 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. Well #19 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. Well #20 -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new sum pump. .p Well #21 -Installed new Primary and Secondary electrical service to building. -Installed new Schneider Altivar ATV680 350hp VFD (variable frequency drive). -Installed new MTU Diesel Emergency back-up Generator and ASCO Transfer Switch. -Installed new piping/mag meter/pressure transmitter/air relief valve. -Installed new exhaust fan/ventilation intake louvers. -Installed new PLC Panel for SCADA. -Installed new Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new electric heaters (Pump Room). Well #22 -Installed New Yagi Antenna/Coax Cable/Lightning Arrestor. -Installed new electric heaters (Pump Room). Page 16 Page 70 of 166 Free Service: The following table shows the free water service rendered to the City of Waterloo at various metered locations. 2018 2018 2019 2019 Gallons Dollars Gallons Dollars Cultural & Arts Commission 424,145 $ 1 ,274.64 346,348 $ 1,091.60 Young Ice Arena 4,754,618 12,894.40 6,230,525 15,984.63 Sportsplex 2,775,273 8,453.52 3,493,403 10,013.21 Mark's Park 3,748,489 8,887.20 3,748,489 8,887.20 Leisure Services 4,746,390 19,015.96 19,252,614 53,031.04 Golf Courses: South Hills 10,509,383 27,703.55 10,588,676 27,006.05 Gates Park 11 ,233,497 29,446.98 11,516,261 28,739.16 Byrnes Park/Iry Warren 9,798,733 25,992.38 8,068,489 20,967.21 Fire Department 662,026 4,898.57 1,471,418 6,852.98 Parking Ramps 10,473 337.80 17,205 337.80 Swimming Pools 3,142,566 10,941.20 2,972,011 10,544.72 Sewer Department 28,426 1 ,468.80 759,273 3,279.32 Library 261,818 1 ,405.42 231,896 1,322.87 Water Pollution Control 58,458,020 128,671.56 80,141,055 173,730.28 Yard Waste/Compost Site 127,169 3,727.25 Convention Center 12,717 196.44 City Buildings 5,890,910 25,743.36 1,871 ,626 16,472.07 Airport 2,244 128.40 41,143 166.97 116,447,011 $307,263.74 150,604,561 $381 ,548.80 Additional free water service was furnished unmetered to city departments for fire protection, sewer flushing, street cleaning and other purposes. Page 71 of 166 OFFICE Manager, Carla Manahl Billing: Accounts Amount Billed Residential 23,915 $4,142,717.58 Commercial 2,887 $5,335,033.13 Industrial - John Deere 28 $ 495,596.44 Accounts — Waterloo 26,830 Subtotal $9,973,347.15 Raymond 338 $ 63,221.91 Washburn 415 $ 67,185.52 Washburn Rural 78 $ 15,754.39 Kimball Project 105 $ 31,384.62 Accounts — Outside City 936 Subtotal $177,546.44 Accounts — Grand Total 27,747 Total Billed Water Sales (unaudited) $10,150,893.59 Water Sales Other (By Invoice) $15,567.90 Fire Protection, Annual (Unaudited) $95,591.59 3,870 Electronic Banking Customers 4,914 Final Bills Personnel: 12/31/17 12/31/18 12/31/19 Admin & Office (Full-time) 13 12 12 Distribution & Meter Division 16 16 15 Pumping Station 6 6 6 35 34 33 Plus temporary summer hydrant painting employees. Waterloo Water Works also bills and manages sewer, garbage, yard waste and storm water billing for the City of Waterloo. Page 18 Page 72 of 166 CITY OF WATERLOO Council Communication FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Source of Funds: Property Owner Assessments Page 73 of 166 FY21 Sidewalk Repair Assessment Program, Zone 10, Cont. 1018 September 24, 2020 Bid Tab Estimate: $653,915.47 Bidder Bid Security Bid Amount Midwest Concrete Inc. 5% $398,757.05 Peosta, IA MinturnInc., 5% $624,740.40 Brooklyn, IA Tricon Construction Group ° 5/° $743,218.35 Dubuque, IA Brock Even Construction, LLC 5% $499,922.04 Jesup, IA Page 74 of 166 CITY OF WATERLOO Council Communication Purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ Bid Documents 2020 Iry Warren Memorial Golf Backup Material Course Irrigation Controls System Update ❑ Bid Tabulation Cover Memo Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids. Resolution awarding bid to MTI Distributing, Inc., of Brookly1i Center, Minnesota in the amount of$63,561.57. Submitted by: Submitted By:JB Bolger. Golf and Downtown Area Maintenance Manager Recommended Action: Approve Purchase The current Iry Warren Memorial Golf Course irrigation system was installed 23 years ago and has not had any updates to the operating system in that time. The current operating system is no longer supported and a single Summary Statement: lightning strike or glitch in the software could render the entire system inoperable with no recourse to get up and running again. This project will install new hardware and software throughout the system and modernize the operation to today's standards. These updates will also help lower the total number of gallons of water used in a season. Expenditure Required: Estimate of$65,000 Source of Funds: CIP Funds- Leisure Irrigation Control System 420-37-4120-2174 CIP Funds- Leisure Golf Course Improvements 420-37-4120-2174 Starting in 1997 with Iry Warren Golf Course one new irrigation system was installed per year at each of the three Waterloo Golf Courses. Gates was Background Information: completed in 1998 and South Hills was completed in 1999. This control systems update is also planned to be phased in over three years with Gates being completed in 2021 and South Hills in 2022. Page 75 of 166 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS 2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION CONTROL SYTEM UPDATE Bid documents for 2020 Iry Warren Memorial Golf Course Irrigation Control System Update. All products and software are expected to be supplied and ready for use by the City of Waterloo, Iowa. Page 76 of 166 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION CONTROL SYSTEM UPDATE Waterloo Leisure Services is seeking competitive bids for the sale of an UPDATED IRRIGATION CONTROL SYSTEM as described in the enclosed specifications. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday September 24, 2020 until 1:00pm for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. CITY HALL HAS LIMITED ACCESS TO WALK IN BUSINESS DUE TO COVID-19 SO PLAN ACCORDINGLY TO MAIL YOUR BIDS WITH ENOUGH TIME TO BE RECIVED BEFORE THE DEADLINE. OPENING OF BIDS All proposals for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update will be opened at 1:00 p.m. on Thursday September 24, 2020 in the Second Floor City Council Chambers. Proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update at 5:30 p.m. on Monday September 28, 2020. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: 2020 Iry Warren Memorial Golf Course Irrigation Control System Update All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. Page 77 of 166 All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The bid price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/or transportation costs necessary to supply the equipment and software in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. All bids should include all extras or options as detailed on the attached specifications sheets including special warranty provisions or maintenance provisions. The bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger, Golf& Downtown Area Maintenance Manager Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM with any questions. The bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa,with a bid deadline of Thursday September 24, 2020 until 1:00pm for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street,Waterloo, Iowa, 50703. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Page 78 of 166 Specifications for the 2020 Iry Warren Memorial Golf Course Irrigation Control System Update: The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all the necessary parts and accessories needed for its operation as specified below. Vendor must meet or exceed specifications as detailed below. Vendor must list any deviation from specifications given. QUANTITY: 1 PART# LYNX-NONNSN-STAN TORO Lynx CE Upgrade for Non-NSN User, PREMUIM COMPUTER SYSTEM, w/ 1 Yr. NSN (Includes I Tuition to MTI Hosted Regional NSN Training) QUANTITY: I PART# NSN-ESSENT-2N1-L TORO NSN 2 Year Additional Support Package ADD-ON (includes 24 hr support, emergency paging, ext. warranty, free software packs, 24hr hardware replacement. QUANTITY: 1 PART# LYNXAPPS TORO Lynx Apps Activation, One Time Fee for NSN Subscribers QUANTITY: 1 PART# FIU-2011 TORO Field Interface Unit w/1 Wireline & 1 Radio Line QUANTITY: 10 PART# 300-032P6M4A Vendor shall be present on site to help set up the field interface unit, new computer, and help the Iry Warren Maintenance Crew install the necessary hardware and software on a minimum of one satellite control center. Page 79 of 166 CITY OF WATERLOO,IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2020 IRV WARREN MEMORIAL GOLF COURSE IRRIGATION CONTROL SYSTEM UPDATE Bidder is providing the equipment package price as specified with all options included. Installation of these upgrades will be at Iry Warren Memorial Golf Course 1101 Campbell Ave, Waterloo, Iowa. System must be ready for use by the City of Waterloo. If awarded the contract we agree to provide the equipment specified and assist with the installation of the updated irrigation controls on or before December 1, 2020. Failure to do so on or before the designated date shall result in a penalty at a daily rate of$50.00 per unit per working day until work is completed. We understand that this quotation will be reviewed by the Leisure Services Golf& Downtown Area Maintenance Manager and the Waterloo City Council for the purpose of securing the equipment updates at the most favorable cost. Life cycle analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records, vendor's past performance records, and quality of products offered will be considered where applicable. BIDDER: COMPANY NAME ADDRESS: CONTACT PERSON PHONE: (_) COMPLETE IRRIGATION SYSTEM CONTROL UPDATE dollars ($ ) SIGNED: DATE: Page 80 of 166 Bidders: Reinders Darrick Robbins 111 Lexington Dr Buffalo Grove, IL 60089 drobbins@reinders.com 630-217-1922 Spartan Distributing Kris Early 1050 N Opdyke Rd Auburn Hills, MI 48326 Kris.early@spartandist.com 248-408-2360 MTI Craig Jerome 4830 Azelia Ave. North Suite 100 Brooklyn Center, MN 55429-3836 Craig.j erome@mtidi stributing.com Page 81 of 166 Iry Warren Memorial Golf Course Irrigation System Update September 24, 2020 Bid Tab Estimate: $65,000 Bidder Bid Amount Spartan Distributors Sparta, MI $83,109 MTI Distributing $63,561.57 Brooklyn Center, MN Reinders, Inc. $106,212 Buffalo Grove, IL Page 82 of 166 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at 120 Center Street, in the amount of$1.00, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ Map Backup Material ❑ Development Agreement Backup Material Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located at 120 Center Street. to Perfect Match Properties. LLC, in the SUBJECT: amount o f$1.00. and authorizing the Mayor and C ity C lerk to execute s aid documents. Resolution approving a Development and Minimum Assessment Agreement, with Perfect Match Properties, LLC, for the development of a 7,280 square- foot building and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City acquired 120 Center Street in 2016 with demolition of the building starting this past July and the development agreement requires the developer to construct a 7,280 square foot building upon that site. The City will also convey right-of-way north of 217 Conger Street to the developer and a plat of survey will have to be completed to create a legal description and this Summary Statement: right-of-way need to be vacated before it can be transferred. The acquisition and removal of 120 Center Street was for economic development purposes and redevelopment of the property is a good infill project that utilizes existing infrastructure. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development and Sale of Property Page 83 of 166 A part of Lot 5,Assessor Leland's Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, bounded as follows: Commencing at the East corner of said Lot; thence West along the South Legal Descriptions: line of said Lot a distance of 267.23 feet; thence deflect right 90 degrees 1 minute from the last described course a distance of 234.18 feet to the Southwesterly right of way line of the Illinois Central Railroad (formerly the Dubuque& Sioux City Rail Road Company); thence Southeasterly along said Southwesterly right of way line a distance of 355.27 feet more or less to the place of beginning. Page 84 of 166 \ I 1 .`s i D GO POI r CENTER ST tinAkk ^I T N Cit L of Waterloo,Iowa W E Preparer: Christopher S.Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between Perfect Match Properties, L.L.C. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct a building and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sum of $1 .00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed, Page 86 of 166 free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City, within 30 days after completion of demolition and environmental remediation activities, reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall have no duty to accept title to the Property until City has completed demolition and environmental remediation activities in accordance with Section 6.A. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a commercial building of no less than 7,280 square feet, and related parking, landscaping, and other improvements to the buildings and grounds, including repair of any fencing that the parties agree is to remain in place (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs, site plans and landscape design for City review and approval before the commencement of construction. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City following City's completion of demolition as set forth in Section 6.A (the "Project Start Date"), and construction of Improvements must be Substantially 2 Page 87 of 166 Completed within fourteen (14) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 3 Page 88 of 166 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Additional City Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended by City to Company hereunder. A. Demolition; Environmental. City will demolish all structures on the Property, remove all trees and stumps, fencing (except that which parties agree to leave in place), concrete and debris, leaving a relatively level and construction- ready site. After demolition, City will undertake a Phase II environmental site assessment (the "ESA") and will undertake appropriate remediation of any contamination identified by the ESA. B. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. C. Additional Parcel. At a date to be determined by mutual agreement of the parties, City will convey to Company, on the same terms as set forth in Section 1, an additional parcel of land as legally described on Exhibit "A-1" (the "North Parcel"). Before conveyance City must execute all procedures necessary to vacate the North Parcel and to authorize conveyance. The North Parcel is also subject to reverter of title as provided in Sections 3 and 4 above, on the same terms as prescribed with respect to the Property. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the aggregate amount of$180,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than any demolition that may be authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 4 Page 89 of 166 Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or the North Parcel prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. 5 Page 90 of 166 D. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 6 Page 91 of 166 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or the North Parcel or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property, the North Parcel or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property or the North Parcel and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property or the North Parcel, but only to the 7 Page 92 of 166 extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, the North Parcel or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property or the North Parcel; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 8 Page 93 of 166 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 9 Page 94 of 166 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 19. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 124 Center Street, Waterloo, Iowa 50703, Attention: Robert Adams. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 10 Page 95 of 166 21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 28. Time of Essence. Time is of the essence of this Agreement. 11 Page 96 of 166 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 12 Page 97 of 166 CITY OF WATERLOO, IOWA PERFECT MATCH PROPERTIES, L.L.C. By: By: Quentin M. Hart, Mayor Robert M. Adams, President Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned person(s), being either an owner, officer, shareholder, member and/or manager of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Robert M. Adams 13 Page 98 of 166 EXHIBIT "A" Legal Description of Property. A part of Lot 5, Assessor Leland's Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, bounded as follows: Commencing at the East corner of said Lot; thence West along the South line of said Lot a distance of 267.23 feet; thence deflect right 90 degrees 1 minute from the last described course a distance of 234.18 feet to the Southwesterly right of way line of the Illinois Central Railroad (formerly the Dubuque & Sioux City Rail Road Company); thence Southeasterly along said Southwesterly right of way line a distance of 355.27 feet more or less to the place of beginning. Page 99 of 166 EXHIBIT "A-1" Legal Description of North Parcel: (to be determined at a future date) Page 100 of 166 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2020, by and among the CITY OF WATERLOO, IOWA ("City"), Perfect Match Properties, L.L.C. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $180,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2022. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2029. Nothing herein shall be deemed to waive the Company's rights under Iowa Code Page 101 of 166 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA PERFECT MATCH PROPERTIES, L.L.C. By: By: Quentin M. Hart, Mayor Robert M. Adams, President Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 102 of 166 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2020, by Robert M. Adams as President of Perfect Match Properties, L.L.C. Notary Public 3 Page 103 of 166 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than One Hundred Eighty Thousand Dollars ($180,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2020, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 104 of 166 CITY OF WATERLOO Council Communication Resolution approving FY 2021 Grant Agreement with the Iowa Department of Transportation Aviation Bureau Commercial Service Vertical Infrastructure Program, Contract No. 22634, Project No. 9-I-210-ALO-200, in the amount of$67,090, for additional Waterloo Regional Airport Hangar Improvements, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type ❑ Iowa DOT Letter for FY-2021 Grant Cover Memo ❑ Iowa DOT CSVI Grant for FY-2021 Backup Material Resolution approving FY 2021 Grant Agreement with the Iowa Department of Transportation Aviation Bureau Commercial Service Vertical SUBJECT: Infrastructure Program. Contract No. 22634, Project No. 9-I-210-ALO- 200, in the amount of$67.090, for additional Waterloo Regional Airport Hangar Improvements, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Keith Kaspad Airport Director Recommended Action: Approve of the above request by Staff. Grant agreement, reduced in a significant way- and for FY-21 by nearly 50%, will allow Airport Staff to continue - albeit in a small way, the continuation of interior improvements to a few aircraft storage hangars at Summary Statement: Waterloo Regional Airport. For this specific upcoming project, Staff s intent is to utilize the above funds to continue the replacement of older and less energy efficient hangar bay area lighting in a number of the larger hangars on the airport grounds. Expenditure Required: This grant agreement from the State, is at 100% with no required match by the City of Waterloo /Airport Dept. Iowa Department of Transportation-via their annual Commercial Service Vertical Infrastructure Program- or C S VI. Source of Funds: This grant is via the State Aviation Fund, or SAF, with no grant match requirement of the City of Airport Dept. This project with the above funds, complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 3 and Strategy No: 3.1, 3.3, 3.4, 3.5 and 3.7. Page 105 of 166 Goal No:4 and Strategy No:4.5. Alternative: No project alternatives are being considered for the above use of the funds. For many years, Staff has directed the C S VI funds for exterior, interior Background Information: improvements to the vertical infrastructure(hangar buildings, etc.) at the airport. Legal Descriptions: Not Applicable for this request from Staff. Page 106 of 166 C 44 1 INA T SMARTER 1 SIMPLER I CUSTOMER DRIVEL www•lowadot.gov Aviation Bureau 800 Lincoln Way I Ames, Iowa 50010 Phone: 515-239-1691 September 16, 2020 Waterloo Regional Airport Keith Kaspari 2790 Livingston Lane Waterloo, IA 50703 Dear Keith: The FY 2021 Commercial Service Vertical Infrastructure project you requested was approved for funding by the Iowa Transportation Commission on August 17, 2020 Attached is an agreement between the airport sponsor and the Iowa Department of Transportation(Iowa DOT). The sponsor should review, sign, and email a signed copy to me. Hard copies are not required this year. Once received, we will sign and return one fully executed contract to the sponsor. You are authorized to begin your project after receiving the contract with both Iowa DOT and Sponsor signatures in place. You have 90 days to sign the grant and return it to the Iowa DOT for our signature. The 12-month requirement to have the project under contract remains in place. Any contracts not returned within the 90-day window may be cancelled. Please review the agreement noting your required responsibilities and assurances, required affirmative action, targeted small business and audit requirements. If you will be requesting reimbursement for engineering services, you will need to provide me with a copy of the agreement. The Iowa DOT recommends that your engineering agreements are either lump sum, or cost plus with fixed overhead rate and maximum dollar amount. Any engineering agreement more than $50,000 must have a pre-audit completed by the Iowa DOT. All engineering agreements that are paid with state funds are subject to a final audit. Please include state related nondiscrimination and targeted small business clauses in your agreements. The project must be under obligation within 12 months. Please note that only expenses incurred on or after the Iowa DOT signature date on the agreement are eligible for reimbursement. Submit claims for reimbursement with copies of invoices, canceled checks Page 107 of 166 or other documentation that the bills have been paid. Reimbursement will be in whole dollars, rounding down; however, the final reimbursement request may include any `lost cents' up to the maximum grant amount. Reimbursement requests should be made in the same fiscal year that the work is completed. Reimbursement for work done near the end of a state fiscal year(June 30)must be requested by August 1. Please note that due to legislative changes for funding this year,these funds revert two years after the end of the fiscal year for which the appropriation is made instead of three. A final acceptance form must be completed and submitted with the final claim for reimbursement. Required forms can be downloaded from the Aviation Bureau Web site at http://www.iowadot.gov/aviation/managersandsponsors/forms.html. If you have any questions regarding this information,please call me at 515-239-1048. Good luck with your airport project! Sincerely, Shane Wright, C.M. Program Manager Enclosures cc: Stuart Anderson - Planning, Programming and Modal Division Director ■ ► ■► ■ ■ ■ ■ ■■■ ■ ■ ■ IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2021 COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM (CSVI) This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa DOT" and City of Waterloo, hereafter the "SPONSOR". 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Waterloo Regional Airport, hereafter the "Airport". Improvements shall consist of. Hangar Rehabilitation , as more clearly defined in the project application. It shall be referred to as the "Project" and shall be identified by Project number: 91210AL0200 Contract number: 22634 2.0 GENERAL PROVISIONS 2.01 The SPONSOR shall have 90 days to sign and return this agreement or the Iowa DOT reserves the right to revoke this grant. 2.02 The SPONSOR shall have the project under contract no later than 12 months after the date of the agreement or the Iowa DOT reserves the right to revoke this grant. 2.03 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not to exceed the maximum amount payable of$67090 incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. Final payment request may include documentation of unreimbursed amounts due to rounding. Final reimbursement will be made up to the contract amount in whole dollars. 2.04 All projects meeting the definition of public improvements shall follow the competitive bid and competitive quotation procedures for vertical infrastructure as identified in Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180. (http://www.legis.state.ia.us/Rules/Current/iac/76liac/tl80/tl8O.pdf) • Competitive bid procedures for all projects greater than $139,000. • Competitive quotation procedures for airport authorities and city sponsors with populations greater than 50,000 for projects between $77,000 and$139,000 • Competitive quotation procedures for airport authorities and city sponsors with population of 50,000 or less for projects between$57,000 and $139,000, • Informal local procedures for projects less than the thresholds identified for competitive quotations. The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, 193B Iowa Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C Administrative Code Chapter 1 to determine when professional engineering or architectural plans and specifications must be used. The SPONSOR shall submit any Page 109 of 166 plans, specifications and other contract documents to the Iowa DOT for its files. 2.05 Should the SPONSOR fail to comply with any Condition or Assurance provided herein, the Iowa DOT may withhold further payment and may require reimbursement of any or all payments made by the Iowa DOT toward accomplishment of the Project. 2.06 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.07 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.09 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. Only those eligible costs incurred after this agreement is executed shall be reimbursed,unless the SPONSOR receives written notice from the Iowa DOT that the Sponsor has authority to incur costs. 2.10 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce, and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.11 The Iowa DOT's obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 2.12 The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to the end that no person in the United States shall, on the grounds of race, color, or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion,pregnancy, or disability. 2.13 Funding will be available for reimbursement of the project for two years after the date of Page 110 of 166 the agreement,unless appropriations are withdrawn under 2.10. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 2.14 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from any action or liability out of the design, construction, maintenance and inspection or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Iowa DOT's application review and approval process,plan and construction reviews, and funding participation. 2.15 In the case of any dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of the intent to seek arbitration. The written notice must include a precise statement of the dispute. The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. 2.16 Infrastructure and/or work products developed through this grant become the property of the SPONSOR and the SPONSOR's responsibility to maintain. 2.17 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects),"will apply and is hereby made a part of this Agreement. 3.00 PROJECT CONDITIONS 3.01 The SPONSOR Agrees to: (a) Let contracts according to provisions of Chapter 26 of the Iowa Code and preside at all public hearings occasioned by the Project. (b) Contract for all professional and construction services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. If the engineering/consultant agreement is more than $50,000 and the sponsor will request state reimbursement for the engineering/consultant services,the agreement must be submitted to the Iowa DOT for pre-audit prior to execution of the agreement. (c) Establish and maintain a project schedule and provide the schedule to the Iowa DOT. (d) Obtain and provide the sales tax exemption certificates through the Iowa Department of Revenue and Finance to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. (e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices, and proof of payment for reimbursement. Progress payments are allowed. (f) Inspect work and equipment, test materials, and control construction to ensure that the design intent of the plans and specifications is achieved. (g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (h) Certify satisfactory completion of the Project by resolution or signed final acceptance form and provide a copy to the Iowa DOT. (i) Retain all records relating to project cost, including supporting documents, for a Page 111 of 166 period of three (3)years following final payment by the Iowa DOT, and to make such records and documents available to Iowa DOT personnel for audit. (j) Ensure that applicable General Provisions and Project Conditions are included in any agreement between the SPONSOR and Engineer/Consultant. 4.00 SPECIAL PROVISIONS 4.01 The Project is for the sole purpose and use of aviation related activities and must be owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with this grant to activities unrelated to aviation. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the SPONSOR hereby certifies that: 5.01 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the SPONSOR or an employee of the SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these assurances. The SPONSOR retains responsibility for compliance with these assurances and all other provisions of this agreement, regardless of any arrangement for management or operation of the airport. 5.02 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.03 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport,which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.05 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10 Page 112 of 166 5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant(but without limiting its general applicability and effect), the SPONSOR specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination between such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The SPONSOR may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. It will operate the Airport on fair and reasonable terms, and without unjust discrimination. 5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan. The SPONSOR will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Signed this day of , on behalf of the SPONSOR. By: Attested: Title: Title: Signed this day of , on behalf of the Iowa Department of Transportation. By: Stuart Anderson Director Planning, Programming and Modal Division Page 113 of 166 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects) March 2019 Page 114 of 166 March 2019 CONTRACT PROVISION Targeted Small Business(TSB)Affirmative Action Responsibilities on Non-Federal-aid Projects(Third-party State-Assisted Projects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(l 0), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service-disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises.These requirements are based on Iowa Code Section 198.7.These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 200 East Grand Avenue Des Moines, IA 50309 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program.Therefore,the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business(TSB)concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g.suppliers, manufactures and subcontractors).The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. 5. CONTRACTOR SHALL APPOINTAN EQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities.This person shall have the necessary statistics,funding,authority and responsibility to carry out and enforce the firm's EEO policy.The EEO officer shall be responsible for developing,managing and implementing program on a day-to-day basis.The officer shall also: A. For current TSB information,contact the Iowa Economic Development Authority(515-348-6159)to potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted,at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding,analyzing plans/specifications or other actions that can be viewed as technical assistance. Page 1 Page 115 of 166 TSB Affirmative Action Responsibilities E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions 1. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100%of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60%of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 2. REQUIRED DATA,DOCUMENTS AND CONTRACTAWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s)of the TSB(s)contacted regarding subcontractable items. (2) Date ofthe contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the"Quotation Used in Bid"column along with a"yes" indicated on the Pre-bid Contact Information form. Page 2 Page 116 of 166 A. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form,then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation,trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors'groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files fora period of three(3)years after the completion of the project and be available for examination by the IowaEconomic Development Authority. 3. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. Page 3 Page 117 of 166 Form 730007WP 7-97 Contractor Page# Project# TARGETED SMALL BUSINESS (TSB) PRE-BID CONTACT INFORMATION County City (To Be Completed By All Bidders per the Current Contract Provision) In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS TSB CONTACTS SUBCONTRACTOR TSB DATES QUOTES RECEIVED QUOTATION USED IN BID CONTACTED YES/ DATES YES/ DOLLAR AMT. PROPOSED NO CONTACTED NO TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project$ List items by name to be subcontracted: Page 4 Page 118 of 166 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT)that Targeted Small Business(TSB)enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants,suppliers, or participants in the work covered by this agreement. The Recipient's"positive efforts"shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority(515-725-3132)or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP)process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project,the subcontracting opportunities available,the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached"Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way,Ames, IA 50010. Page 5 Page 119 of 166 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑YES I NO If yes, by ❑ letter, telephone, ❑ personal contact, or -1 other(specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? F- YES NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es)of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? I YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Page 6 Page 120 of 166 Page 121 of 166 CITY OF WATERLOO Council Communication Resolution accepting a Quit Claim Deed for the sewer lift station property located at 3931 Texas Street, from Black Hawk County, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ Quit Claim Deed 3931 Texas Backup Material Resolution accepting a Quit Claim Deed for the sewer lift station property SUBJECT: located at 3931 Texas Street. from Black Hawk County in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Authorization of the acquisition of site as described in the amount of$1.00. The City of Waterloo operates and maintains a sewer lift station on property at 3931 Texas Street, but the property is in the name of Black Hawk County. It would appear that the County has owned the property since Summary Statement: 1923, and the lift station was built in 1971. The County has no need for the property, which would have been in the unincorporated areas of Black Hawk County in 1923. The Board of Supervisors have taken action to sell the property by quit claim deed to the City of Waterloo for$1.00. Expenditure Required: $1.00 Source of Funds: Planning Department line item legal costs A tract of land in the Northeast Quarter(NE 1/4) of the Northwest Quarter (NW 1/4) of Section Number Twelve(12), Township Number Eighty-eight (88)North, Range Number Thirteen(13) West of the 5th P.M., in Black Hawk County, Iowa, described as follows: Beginning at a point which is the intersection of the North line of Section Twelve (12), Township Number Eighty-eight(88)North, Range Number Thirteen(13)West of the 5th P M. and the Northeasterly boundary line of Texas Street, formerly US Highway 218, and formerly the public highway Legal Descriptions: known as Primary Road No. 40, which is sixty-six feet(66') in width;thence in a southeasterly direction and along the said Northeasterly boundary line of said public highway three hundred seventy-six and three tenths feet(376.3'); thence in an easterly direction eighty and five tenths feet(80.5'); thence northwesterly along the southwesterly boundary line of the C.R. I. & P. Railroad right of way three hundred fifty-five feet(355');thence West along the North line of Section Twelve (12), Township 88 North, Range 13 West Page 122 of 166 one hundred four feet(104')to the point of beginning, and containing six tenths (0.6) of an acre. Page 123 of 166 Return To: Aric Schroeder, City of Waterloo Community Planning and Development, 715 Mulberry Street,Waterloo, IA 50703 Taxpayer: Currently Exempt Preparer: Michael O. Treinen, Assistant Black Hawk County Attorney QUIT CLAIM DEED For the consideration of One Dollar($1.00)and other valuable consideration,Black Hawk County, Iowa,does hereby Quit Claim to City of Waterloo,Iowa,all its right,title,interest,estate,claim and demand in the following described real estate in Black Hawk County, Iowa: A tract of land in the Northeast Quarter(NE 1/4)of the Northwest Quarter(NW 1/) of Section Number Twelve (12),Township Number Eighty-eight(88)North,Range Number Thirteen (13)West of the 5th P.M.,in Black Hawk County,Iowa,described as follows: Beginning at a point which is the intersection of the North line of Section Twelve (12),Township Number Eighty-eight(88)North,Range Number Thirteen (13)West of the 5th P.M. and the Northeasterly boundary line of Texas Street, formerly US Highway 218,and formerly the public highway known as Primary Road No.40, which is sixty-six feet(66')in width; thence in a southeasterly direction and along the said Northeasterly boundary line of said public highway three hundred seventy- six and three tenths feet(376.3'); thence in an easterly direction eighty and five tenths feet(805); thence northwesterly along the southwesterly boundary line of the C. R. I. & P.Railroad right of way three hundred fifty-five feet(355'); thence West along the North line of Section Twelve(12),Township 88 North,Range 13 West one hundred four feet(104')to the point of beginning,and containing six tenths (0.6) of an acre. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: S Fad ryl e Ps . 7 BLACK HAW COUN O A .►•'"`•. JAMES PERRY �14{IVIMWN By(sign): .��. Print Name: Its Authorized Agent e}tA ik, 0964-2n STATE OF IOWA, COUNTY OF BLACK HAWK, ss: Thi istrument was acknowledged before me on this J_day of T�N9� , 2020, by aes). .� , as authorized agent for Black Hawk C , Iowa. Notary is in an o ate of Iowa Page 124 of 166 CITY OF WATERLOO Council Communication Resolution supporting the application by Black Hawk Contracting& Development Co., for the Iowa Workforce Housing Tax Incentives Program, to construct four(4)new single family homes, three(3)homes located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1)on the easterly part of Lot 2 of Crossroads Estates Replat No. 5, as Project Number 17-WHTIP-045, replacing previously approved lots 1, 4, 5 and 6 of Hillside Addition, with a local match of the City Limits Urban Revitalization Area(CLURA)tax abatement for each property, and rescinding Resolution No. 2019-145. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 Resolution supporting the application by Black Hawk Contracting& Development Co., for the Iowa Workforce Housing Tax Incentives Program, to construct four(4)new single family homes, three(3)homes located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1) on SUBJECT: the easterly part of Lot 2 of Crossroads Estates Replat No. 5, as Project Number 17-WHTIP-045, replacing previously approved lots 1,4 5 and 6 of Hillside Addition, with a local match of the City Limits Urban Revitalization Area(CLURA)tax abatement for each property, and rescinding Resolution No. 2019-145. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval of a Resolution supporting the application by Black Hawk Recommended Action: Contracting& Development Co. for the Iowa Workforce Housing Tax Incentives Program, and rescinding Resolution No. 2019-145. The Iowa Workforce Housing Tax Incentives Program is a new tax credit program that is effective January 28, 2015. The program is similar to the Enterprise Zone program that was dissolved by the State of Iowa on June 30, 2014. This resolution is authorizing the change of lots on contracts with the Iowa Economic Development Authority for the Workforce Housing program for John and Tricia Rooff. Contract 17-WHTIP-07 has been canceled and they would like to move the properties connected with that contract to contract 17-WHTIP-045 in order to receive tax credits for the Summary Statement: homes that have been constructed. Contract 17-WHTIP-07 has been withdrawn from the state. Lots currently on contract 17-WHTIP-045 include: Madison St., 8912-30-129-024, Hillside Addition Waterloo Lot 9 Block 6 Newton St, 8913-14-351-008, Second Addition to Grand View Place Lot 12 Block 14 East 7th& Lafayette, Lafayette Street. No specific lot. (2 homes) Expenditure Required: None Page 125 of 166 Source of Funds: N/A Policy Issue: Economic Development The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock • Upper story project • New construction in a community with demonstrated workforce housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi-family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction Background Information: or$250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of$1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Along with the requirements listed above the developer must have documentation of local matching funds pledges for the housing project in an amount equal to at least$1,000 per dwelling unit. These funds may be in the form of a tax exemption program such as the CURA and CLURA. The four homes are located on Madison Street and Monroe Street which are located within the CURA. Lot 2 of Baltimore Field 1st Addition Lot 3 of Baltimore Field 1st Addition Legal Descriptions: Lot 4 of Baltimore Field 1st Addition Parcel"Al" Recorded as Document No. 2017-2637, formerly recorded as Lot "2-B" in Document No. 2015-018996, a part of Lot 2 of Crossroads Estates Replat No 5, a part of Crossroads Estates Replat No. 2. Page 126 of 166 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for redevelopment of a residential property located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/22/2020 ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material ❑ Walker St Agreement Backup Material Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties. LLC, originally executed April 27, 2020, SUBJECT: adjusting the timeline for redevelopment of a residential property located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval. The City aquired the residential property at 1332 Walker Street in 2018. Goldfinch S&M Properties LLC would like to rehabilitate the property. They will pay$5,000 initially for the property and once the property is Summary Statement: completed they will receive their$5,000 plus an additional$5,000 back as a part of the infill property program. The developer is asking for a one year extension on the timeline for completion of the home due to construction supply issues due to Covid-19. Expenditure Required: $5,000 Source of Funds: Nuisance bonds Policy Issue: Land Use The West half of the West half of Lot"F"in"Cedar Dale", in Black Hawk County, Iowa(now in the City of Waterloo, Iowa), except the Northerly 330 feet thereof, and except that part described as follows: Commencing at the Southeast corner of the West half of the West half of said Lot"F"; running Legal Descriptions: thence North along the East line of the West half of the West half of said Lot "F"a distance of 210 feet; thence at right angles in a Westerly direction a distance of 60 feet; thence South along a line parallel with the East line of the West half of the West half of said Lot"F"a distance of 210 feet to the North line of Walker Street; thence East to the point of beginning. Page 127 of 166 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2020 by and between Goldfinch S&M Properties LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated as of April 27, 2020 (the "DA") concerning the development of property as described in the Agreement. The DA has been filed in the land records of Black Hawk County as Doc. No. 2021-01069. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Section 3 of the DA is amended to strike the second sentence thereof in its entirety and to replace such sentence with the following: "Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within one (1) month from the date of that it receives title to the Property from City (the "Project Start Date"), and Substantially Complete rehabilitation by September 30, 2021 (the "Project Completion Date")." 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Page 128 of 166 Page 2 CITY OF WATERLOO, IOWA GOLDFINCH S&M PROPERTIES LLC By: By: Shw� Y" evw'-w Quentin Hart, Mayor Stanley V. Eva6e, CEO Attest: Kelley Felchle, City Clerk Page 129 of 166 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for completition of a residential property, located at 1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/22/2020 ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material ❑ 1804 E 4th Agreement Backup Material Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties. LLC, originally executed April 27, 2020, SUBJECT: adjusting the timeline for completition of a residential proPM4 located at 1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval. The City aquired the residential property at 1804 E 4th Street in February 2020. Goldfinch S&M Properties LLC would like to rehabilitate the property. They will pay$5,000 initially for the property and once the property is completed they will receive their$5,000 plus an additional$5,000 Summary Statement: back as a part of the infill property program. The amendment would extend their deadline for finishing the home 1 year from the date of council approval. The developer is currently having issues getting certain supplies in to work on the home due to Covid-19. Expenditure Required: $5,000 Source of Funds: Nuisance bonds Policy Issue: Land Use The West 96 feet of Lot 1, Block 6, "Manson's Second Addition"in Waterloo, Iowa, a/k/a Lot 1, except the East 44 feet, of Block 6, Manson's Legal Descriptions: Second Addition in Waterloo, Iowa. and The South 30 feet of Lot 2, Block 6, in"Manson's Second Addition" in Waterloo, Iowa. Page 130 of 166 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2020 by and between Goldfinch S&M Properties LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated as of April 27, 2020 (the "DA") concerning the development of property as described in the Agreement. The DA has been filed in the land records of Black Hawk County as Doc. No. 2021-01068. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Section 3 of the DA is amended to strike the second sentence thereof in its entirety and to replace such sentence with the following: "Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within one (1) month from the date of that it receives title to the Property from City (the "Project Start Date"), and Substantially Complete rehabilitation by September 30, 2021 (the "Project Completion Date")." 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Page 131 of 166 Page 2 CITY OF WATERLOO, IOWA GOLDFINCH S&M PROPERTIES LLC YY B :s Y" evank Quentin Hart, Mayor Stanley V. Evans, CEO Attest: Kelley Felchle, City Clerk Page 132 of 166 CITY OF WATERLOO Council Communication Resolution approving a Cooperative Agreement with Black Hawk County, in conjunction with construction of the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type Cooperative Agreement with Black Hawk County for Backup Material Shaulis Road Trail Extension Phase I1 Resolution approving a Cooperative Agreement with Black Hawk County, in SUBJECT: conjunction with construction of the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo is designing and planning to construct the Shaulis Road Trail Extension Phase II from Cedar Terrace Drive to the Cedar Valley Nature Trail, which is mostly within the corporate limits of Waterloo, but a portion extends outside the corporate limits. The County is authorizing the City to build the trail within their public street right-of-way. Summary Statement: By separate maintenance agreement, the Black Hawk County Conservation Board will take over routine maintenance such as edging, mowing, trimming of trees and bushes, and removing debris (sweeping), but the City of Waterloo will be responsible for the construction, and other repairs or replacement of the trail. There is approximately 500 feet of trail in the Black Hawk County jurisdiction between the corporate limits and the Cedar Valley Nature trail, along the north side of East Shaulis Road. Expenditure Required: None specific to this agreement. Source of Funds: N/A Policy Issue: Trail Development Without this agreement, the trail could not be built on this last 500 foot Alternative: segment, which would leave a gap in the trail causing it to not connect to the existing Cedar Valley Nature Trail. Page 133 of 166 Black Hawk County Engineer's Office Cooperative Agreement For Construction Projects Location Shaulis Road Trail Extension– Phase II Work Type PCC Sidewalk/Trail Project No. TAP=U-81 55(766)-81-07 This Agreement is entered into by and between Black Hawk County, Iowa, hereafter designated the "County", and the City of Waterloo, hereinafter designated the "City". The City proposes to design and construct the Shaulis Road Trail Extension – Phase II from Cedar Terrace Drive to the Cedar Valley Nature Trail which is mostly within the corporate limits of Waterloo. The County Jurisdiction shall be from the Waterloo City Limits (Station 132+72.4) easterly to the End of Project (Station 137+84.2). The County and the City are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project, which is subject to modification by mutual agreement between the County and the City; and Therefore, it is agreed as follows: 1. Project Information a. The City shall be the lead local governmental agency for carrying out the provisions of this Agreement. b. All notices required under this Agreement shall be made in writing to the City's and/or the County's contact person. The City's contact person shall be the City Engineer, Jamie Knutson, P.E. The County's contact person shall be the County Engineer, Catherine Nicholas, P.E. 2, Project Design a. The City shall be responsible for the design of all proposed improvements. b. The City shall review and approve the plans before letting and review and approve the contract cost before the contract is approved. c. The project plans, specifications and engineer's cost estimate shall be prepared and certified by the City . 3. Project Costs a. The City shall be responsible for the design and construction cost of the project. 4. Bid Letting a. The City shall submit the plans, specifications, estimate, and all other contract documents for review by the Iowa D.O.T. Page 134 of 166 b. The project will be let by the Iowa D.O.T. in accordance with its normal letting procedures. c. The City shall be the contracting authority for the project. 5. Construction & Maintenance a. The City shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The City shall comply with the procedures and responsibilities for materials testing and construction inspection according to Iowa D.O.T.'s Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the Iowa D.O.T. may be able to perform some testing services. If performed, the Iowa D.O.T. will bill the City for testing services according to its normal policy. 6. Payments and Reimbursements a. The City shall be responsible for making payments to the contractor(s)for all project costs incurred in the development and construction of the project. 7. General Provisions a. The City shall maintain records, documents, and other evidence in support of the work performed under the terms of this Agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. b. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of this Agreement shall remain in effect. c. This Agreement is not assignable without the prior written consent of the City and the County. d. It is the intent of both (all) parties that no third-party beneficiaries be created by this Agreement. e. In case of dispute concerning the terms of this Agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10)days' written notice to the other party of its intent to seek arbitration. The written notice must include a precise statement of the disputed question. The City and the County agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. f. This Agreement may be executed in two (2) counterparts, each of which so executed will be deemed to be an original. g. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s), represents the entire Agreement between the County and City regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. Page 135 of 166 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below. BOARD OF SUPERVISORS OF BLACK HAWK COUNTY: BY: CDate Cha'irp6rson ATTEST: By: 2-'4 County Auditor CITY OF WATERLOO: By. Date City of Waterloo Mayor Page 136 of 166 CITY OF WATERLOO Council Communication Resolution approving a Memorandum of Understanding for Recreational Trail Maintenance with Black Hawk County Conservation, in conjunction with the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type MOU Shaulis Rec Trail COW and County Backup Material Conservation Resolution approving a Memorandum of Understanding for Recreational SUBJECT: Trail Maintenance with Black Hawk County Conservation, in conjunction with the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo is designing and planning to construct the Shaulis Road Trail Extension Phase 11 from Cedar Terrace Drive to the Cedar Valley Nature Trail, which is mostly within the corporate limits of Waterloo, but a portion extends outside the corporate limits. By separate agreement, the County is authorizing the City to build the trail within their public street Summary Statement: right-of-way. This MOU with the Black Hawk County Conservation Board will provide for County Conservation to take over routine maintenance such as edging, mowing, trimming of trees and bushes, and removing debris (sweeping), but the City of Waterloo will be responsible for other repairs or replacement of the trail. There is approximately 500 feet of trail in the Black Hawk County jurisdiction between the corporate limits and the Cedar Valley Nature trail, along the north side of East Shaulis Road. Expenditure Required: None, specific to this MOU Policy Issue: Trail Development Without this MOU, the County will not agree to the construction agreement Alternative: to us to build the trail within the County right-of-way, and the trail could not be built on this last 500 foot segment, which would leave a gap in the trail causing it to not connect to the existing Cedar Valley Nature Trail. Page 137 of 166 MEMORANDUM OF UNDERSTANDING— RECREATIONAL TRAIL MAINTENANCE This Memorandum of Understanding — Recreational Trail Maintenance (the "MOU") is entered into as of , 2020, by and between the City of Waterloo, Iowa("City") and Black Hawk County Conservation ("County Conservation"). City and County Conservation are each referred to as a"Party"and collectively as the"Parties". WHEREAS, City proposes to design and construct the Shaulis Road Trail Extension—Phase II (the "Rec Trail") from Cedar Terrace Drive to the Cedar Valley Nature Trail which is mostly within the corporate limits of Waterloo. The County Conservation Jurisdiction shall be from the Waterloo City Limits (Station 132+72.4) easterly to the End of Project(Station 137+84.2) in order to connect with the Cedar Valley Nature Trail (the "Nature Trail"); and WHEREAS, the Parties desire to cooperate with respect to repair and maintenance of the Rec Trail as set forth herein. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties state as follows: 1. City Responsibilities. City will construct the Rec Trail, will periodically inspect same, and will make such repairs or replacements as may be necessary or advisable to keep the Rec Trail in a condition where it may be safely used by the public. This Includes but is not limited to; maintenance of the trail surface, trail shoulders, and private drive crossings. All drainage issues would also be the responsibility of the City. 2. County Conservation Responsibilities. After the Rec Trail has been constructed, County Conservation will maintain that portion of the Rec Trail that lies between the eastern city limits and the Nature Trail. Maintenance activities will be performed as needed to keep the Rec Trail in a reasonably attractive and usable condition, including edging, mowing, trimming of trees and bushes, and removing debris. County Conservation will respond promptly to any request from the City for maintenance, and will report to City any features that may need structural repair or replacement. 3. Term. This MOU will commence on the date hereof and will continue in effect from one calendar year to another until one Party delivers written notice of termination to the other Party by February 1 of the year in which termination is to take effect. Notice given as provided in this paragraph will be effective upon delivery. 4. Notices. Any notice, report or other communication from one Party relating to this MOU shall be delivered to the head of the engineering department for the City and the Executive Director for County Conservation. 5. No Assignment. County Conservation may not assign its rights, privileges or interest in this MOU without the prior written consent of City. 6. Relationship of Parties. Nothing in this MOU shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the Parties nor to create any liability for one Party with respect to the liabilities or obligations of the other Party or any other person. Page 138 of 166 7. Miscellaneous Provisions. This MOU is the entire understanding between the Parties pertaining to the subject matter hereof and supersedes all prior oral or written understandings or agreements relating to such subject matter. This MOU may not be modified except by the mutual written agreement of both Parties. Time is of the essence. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding —Recreational Trail Maintenance by their duly authorized representatives as of the date first set forth above. BLACK HAWK COUNTY CONSERVATION CITY OF WATERLOO, IOWA By: By: Board Chair Mayor Attest: City Clerk 2 Page 139 of 166 CITY OF WATERLOO Council Communication Resolution approving construction plans for sanitary sewer, storm sewer and paving serving the Audubon Heights 7th Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, and Sewage Treatment Agreement, DNR Form 29(Nov 00)with the Department of Natural Resources, and final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. City Council Meeting: 9/28/2020 Prepared: 9/22/2020 ATTACHMENTS: Description Type U Audubon Heights 7th Addition—STA Backup Material Resolution approving construction plans for sanitary sewer, storm sewer and having serving the Audubon Heights 7th Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc., of Waterloo. Iowa, and Sewage SUBJECT: Treatment Agreement, DNR Form 29 (Nov 00)with the Department of Natural Resources, and final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Dennis Gentz, PE,Assistant City Engineer These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and Summary Statement: specifications, therefore they are recommended for approval by the City Council. Background Information: Page 140 of 166 Iowa Department of Natural Resources Wastewater Section Construction Permit Application Sewage Treatment Agreement i INSTRUCTIONS This agreement must be executed for all projects where construction and sewage treatment will be provided by different parties; i.e.,a private subdivision connecting to a municipal system.This agreement must be executed by the parties who are owners at the time the permit is issued, regardless of whether title to the proposed construction project will be transferred after completion of the project. This agreement Is not necessary when a contract for sewage treatment already exists;Le.,service contracts between municipalities. However,the Department of Natural Resources must be Informed in writing that the contractual agreement does exist. APPLICANT ENGINEER Owner: Midwest Development Co. Firm: Wayne Ciaassen Engineering and Surveying,Inc/ Address: 4111st Avenue SE,Cedar Rapids,IA 52401 Address: 2705 University Ave.Waterloo,IA 50701-0898 Representative: e J,r, ,+} ,-, Project Officer: William J.Claassen,P.E. Phone Number: `t 4 3 04 t Phone Number: 319-235-6294 Project Identification: Audubon heights 7th Addition,Waterloo,Iowa Owner and System Receiving Wastes: City of Waterloo Iowa CERTIFICATION I am the authorized representative of the owner identified above and state that the proposed sanitary sewage facilities shall be constructed in accordance with the plans and specifications and all wastes contributed by this project shall be discharged to the treatment system id tified above. Signature Title: Date — r AGREEMENTTO PROVIDE SEWAGE TREATMENT I am the authorized representative of the owner of the system identified above and state that the connection of the proposed sanitary sewage facilities identified above is approved by the owner,and that the owner accepts responsibility for providing adequate treatment of a[]wastes contributed by this project,in accordance with the provisions of Chapter 4558,Code of Iowa,and the rules of the Department of Natural Resources.This agreement shall not be construed in any way to affect any local ordinances, sewer service agreements,or fee systems entered into between the parties. I Name: Quentin Hart Title: Mayor I Signature Date Phone: 912018 cmc ONR age-.4d)129Df 166 I CITY OF WATERLOO Council Communication Codification of the City of Waterloo Traffic Code of Ordinances. City Council Meeting: 9/28/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Adopting Ordinance Backup Material Motion to receive, file, consider, and pass for the second time an ordinance adopting the 2020 Traffic Code of the City of Waterloo. Iowa. SUBJECT: Motion to suspend the rules. Motion to receive, file, consider, and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Cities are provided three options under Iowa law for maintaining their city codes. These include: 1. The city may compile an annual supplement to the code of ordinances. This supplement consists of all new ordinances and amendments to ordinances that became effective during the previous year. The supplement must be adopted by resolution by the council and placed in the code of ordinances. 2. The city may insert new ordinances or amendments to ordinances directly into the code itself. This must be done at least annually. This works especially well for cities that maintain a copy of their city code in electronic format, allowing for quick and convenient updating. 3. If the city does not take either of the actions described above, it must codify the code of ordinances at least once every five years. If there have Summary Statement: been no substantive changes to the city code, the city may simply adopt the code by ordinance. However if the city has made additions, amendments or intends to change any code provision, it must hold a public hearing on the proposed code prior to its adoption. Waterloo utilizes option two for the city code and option three for the traffic code. City Clerk's Office staff have been working this year to incorporate numerous amendments into the traffic code and have now made it available on the city website for easy public access. The public hearing and ordinance adopting the updated traffic code are required in order to maintain a valid and enforceable traffic code. Page 142 of 166 The traffic code is found on the City Clerk's Office page of the city website, under the section titled Code of Ordinances. Link:https://www.cityofwaterlooiowa.com/govemment/city clerks/index.php Page 143 of 166 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE ADOPTING THE 2020 TRAFFIC CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. Pursuant to published notice and following public hearing on the 21St day of September 2020, so required by Sections 362.3 and 380.8, Code of Iowa,there is hereby adopted by the City of Waterloo, Iowa,the"Traffic Code of Ordinances of The City of Waterloo, Iowa." Section 2. This ordinance shall only apply to the"Traffic Code of Ordinances of the City of Waterloo, Iowa". SECTION 3. All of the provisions of the "Traffic Code of Ordinances of The City of Waterloo, Iowa," shall be in force and effect on and after the effective date of this ordinance. SECTION 4. All ordinances or parts thereof pertaining specifically to the Traffic Code of Ordinances of the City of Waterloo, Iowa, in force on the effective date of this ordinance are hereby repealed from and after the effective date of this ordinance. SECTION 5. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance of any bonds of said City or any evidence of said City's indebtedness; nor shall it affect any other right or franchise conferred by any ordinance or resolution of the Council or any other person or corporation; nor shall it affect any ordinance naming, establishing, relocating or vacating any street or public way, whether temporary or permanent; nor shall it affect any ordinance amending the official zoning map, establishing building lines, establishing and changing grades, or dedicating property for public use; nor shall it affect any prosecution, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance. SECTION 6. An official copy of the "Traffic Code of Ordinances of The City of Waterloo, Iowa," adopted by this ordinance, including a certificate of the City Clerk as to its adoption and the effective date, is on file in the office of the City Clerk, and shall be kept available for public Page 144 of 166 Ordinance No. XXXX Page 2 inspection. SECTION 8. The City Clerk shall furnish a copy of the"Traffic Code of Ordinances of The City of Waterloo, Iowa,"to the Judicial Magistrates serving the City of Waterloo, city departments requesting a copy, and maintain a copy on the city website. SECTION 9. This ordinance shall be in full force and effect from and after the publication of this ordinance, as required by law. INTRODUCED: ,2020 PASSED 1St CONSIDERATION: 92020 WAIVED 2nd CONSIDERATION: 92020 WAIVED 3rd CONSIDERATION: 92020 PASSED AND ADOPTED this th day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 145 of 166 Ordinance No. XXXX Page 3 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the City Council of the City of Waterloo, Iowa, on the th day of 2020. Witness my hand and seal of office this th day of 2020. Kelley Felchle City Clerk SEAL + 1 + V01.. Page 146 of 166 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays:400 block of Janney Avenue. City Council Meeting: 9/28/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type ❑ letter Cover Memo ❑ ordinance Backup Material Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding Section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays -when signs are erected in each block, or portion thereof, giving notice, no person shall park SUBJECT: a vehicle at any time on Wednesdays from 5:00 p.m. to 8:3012.m. within the district and upon any of the streets or portions thereof as named herein:both sides of the 400 block of Janney Avenue. Motion to suspend the rules. Motions to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Adopt Ordinance Hagerman Baptist Church requested prohibiting parking on both sides of the 400 block of Janney Avenue on Wednesday evenings during youth activities. Visibility is an issue with vehicles parked on the street for youth to cross Summary Statement: safely from the parking lot to the church during that time. There is only one household in the 400 block of Janney. Surrounding neighbors were notified of the ordinance change by mail. No comments or concerns were received. Policy Issue: Strategy 2.2:Enlist all City departments and staff members in efforts to promote a safer community. Page 147 of 166 CITY OF WATERLOO , IOWA PUBLIC WORKS DIVISION 625 Glenwood Street . Waterloo, IA 50703 Street:(319)291-4267 Fax(319)291-0264 Sanitation: (319)291-4455 Central Garage: (319)291-4445 Fax(319)291-3825 • • Traffic Operations—(319)291-4440 Fax:(319)291-4094 Animal Control(319)291-4440#4 Sandie Greco—Traffic Operations and Animal Control Director Mayor September 16, 2020 QUENTIN HART COUNCIL MEMBERS Hagerman Baptist Church "' 1105 Knoll Avenue Waterloo, Iowa 50701 MARGARET KLEIN Wards RE: Ordinance Change - No Parking Both Sides JONATHAN Wednesday — 5:00 PM — 8:30 PM GRIEDER Ward 2 PATRICK An Ordinance change has been requested by Hagerman Baptist Church to prohibit MORRISSEY parking on both sides of the 400 block of Janney Avenue on Wednesday evening Ward from 5:00 PM to 8:30 PM. Youth activities take place on Wednesday evening each JERweek. Visibility is an issue with vehicles parked on the street for youth to cross AMOS,JR. y parking e curce recommendation to y OME safe) from the kin lot to thhh. The Cit Council is to Ward adopt an ordinance to prohibit parking on both sides of the 400 block of Janney Avenue on Wednesday from 5:00 PM to 8:30 PM. RAY FEUSS This ordinance chane is scheduled to be on the Council Agenda Monday, Ward 5 g g September 28, 2020. City Council meeting is held at 5:30 PM in the Council SHARON Chambers, 2nd floor of City Hall. However, during COVID-19 social distancing, the JUON Council Meeting may be viewed on the government channel 15. At-Large DAVE If you have any questions or concerns regarding this ordinance change, please call BOESEN my office at 291-4440 between 7:00 AM and 3:00 PM. At-Large Sincerely, Sandie Greco Traffic Operations Director City of Waterloo sandie.greco@waterloo-ia.org WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 148 Of 166 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: BY ADDING A NEW SECTION 580C, NO PARKING BOTH SIDES 5:00 P.M. TO 8:30 P.M., WEDNESDAYS, TO THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 580C, No Parking Both Sides 5:00 P.M. to 8:30 P.M., Wednesdays, is added as follows: 580C. NO PARKING BOTH SIDES 5:00 P.M. TO 8:30 P.M.,WEDNESDAYS When signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle at any time on Wednesdays from 5:00 p.m. to 8:30 p.m. within the district and upon any of the streets or portions thereof as named herein. (1) Janney Avenue Both sides of the 400 block of Janney Avenue. PASSED AND ADOPTED by the City Council this day of September, 2020, 2019 , and approved by the Mayor this day of September, 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 149 of 166 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes, July 28, 2020. City Council Meeting: 9/28/2020 Prepared: 9/21/2020 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes, July 28, 2020 Backup Material SUBJECT: Airport Board Meeting Minutes, July 28, 2020. Submitted by: Submitted By: Page 150 of 166 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, July 28,2020 I. ROLL CALL Keith Kaspari called the meeting to order, via Zoom, at 12:00 p.m. Board Members Present: Arlene Humble, Gwenne Berry, Cary Darrah, Scott Voigt, and Todd Holcomb. City Officials Present: Noel Anderson and Adrienne Miller. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel and David Hughes, AECOM; David Deeds, New Board Appointee (not yet Council approved). II. AGENDA AS RECEIVED OR AMENDED No comments, no motion. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kaspari stated that a Pre-Authorization for the painting of Yellow X's on Runway 6/24 will be submitted for approval this week or next. Mr. Kaspari also pointed out a typo in the report: Item #5 should read that Michelle Weidner is CFO not CEO. Mr. Voigt asked whether unspent operating funds go back to the City and wondered whether that's what happened with the $91,566.97 from FY-20. Mr. Kaspari stated that he has requested those dollars go into a separate account to be used for city match on upcoming FAA projects for both FY-2021 and FY-2022, as PFC Revenue will not be sufficient to match some of the large projects scheduled, especially at the current level of enplanements. No response has been received from the CFO. 1 Page 151 of 166 Mr. Kaspari also went on to explain that the City has carried a large balance due from the Airport from many years ago when the Airport was not self-sustaining due to paying for 24/7 Waterloo Fire coverage for Aircraft Rescue and Fire Fighting services. Since becoming self-sustaining, any unspent funds at fiscal year-end have gone back to the City to reduce that balance. Mr. Kaspari, via a conversation with the CFO, believes the outstanding balance was approximately $418,000 as of the end of FY-20. B. Monthly Planning & Development Report—N/A B. Legislative Information Mrs. Darrah commented on seeing information about continued EAS funding and asked if the airline receives their full subsidy when they are not flying their full 13 trips per week schedule or if they only get paid for flights completed. Mr. Kaspari stated they only receive the subsidy for completed flights. D. Misc. Monthly Airport Reports No comment on monthly reports. V. BOARD APPROVAL A. Approval of Minutes of the June 23, 2020 Regular Meeting Mrs. Darrah moved that the minutes of the June 23, 2020 meeting be approved, seconded by Mrs. Humble. Ayes: 5. Motion carried. B. Motion to Receive and File June 2020 Expenses Mrs. Humble moved that the June 2020 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Update: Osprey Aviation (Progress Update). Mr. Kaspari stated that construction is progressing well. 2 Page 152 of 166 B. Update: Status of Agreement with Kingfisher Aviation. Mr. Kaspari stated that City Attorney, Marty Petersen, is still experiencing communication challenges. Kingfisher has started placing various utilities in their name. Mr. Voigt asked about the floor improvements that were supposed to be done. Mr. Kaspari stated they have not been done or scheduled with the contractor. Mrs. Berry asked if a deadline for completing the floor work had been given. Mr. Kaspari stated no deadline had been given. Note: During early lease negotiations, former Board Chair Hugh Field had stated to Bob and Eric Petersen that floor improvements should be completed "forthwith". C. Update: Air Service Working Group—Marketing Sub-Committee. David Deeds gave an update of the ASWG's work with consultant, Volaire Aviation, and with Advance Media, who provides advertising through social media platforms. D. Update: FY-2020 FAA Funded Projects Mr. Kaspari reported that we are currently waiting on grant issuance and approval of the contract with AECOM for CRS (Construction Related Services), and that the overall FAA Grant (No: 46) has not been issued. E. Update: Iowa DOT SCVI Funded Projects: 1. Hangar 4 Improvements; and, 2. Replacement of Terminal Carpeting Mr. Kaspari reported that bids for both of these projects have been awarded by City Council. Mr. Kaspari also stated that if anyone would like to offer input on carpet patterns/colors, it would be appreciated. Discussion followed, including a suggestion to involve Struxture Architects, who designed the Terminal Renovation in 2003/2004. Doug Schindel, AECOM, stated that they work with INVISION, who is located in the same building they are and can pull them in, if needed. 3 Page 153 of 166 VII. NEW BUSINESS A. Election of Officers 1. Board Chair Mrs. Berry nominated Mrs. Humble to serve as Board Chair, seconded by Mr. Darrah. Ayes: 5. Motion carried 2. Board Vice Chair Mrs. Humble nominated Mr. Voigt to serve as Vice Chair, seconded by Mrs. Darrah. Ayes: 5. Motion carried. B. FY-2020 Annual Department Accomplishments. Mr. Voigt commented that he felt Mr. Kaspari has done a good job "staying ahead of things in dealing with the virus". Mr. Kaspari stated that as a small staff, he feels we get a lot done. Mr. Kaspari thanked Mrs. Combs for her accuracy with both the department finances and grants. Mrs. Berry echoed Mr. Voigt's comments and also stated that Mr. Kaspari and Mrs. Combs have always been very "kind" and made her feel right at home as a member of this Board. C. Update: Triennial Full-Scale Airport Exercise Mr. Kaspari stated that the full-scale exercise has been moved back to October. The Tabletop (TTX) exercise is currently scheduled for October 8"', and the Full-Scale exercise will take place on the airfield October 22". He went on to give an overview of the disaster scenario that will be used. D. Update: West-Side Airport Development Noel Anderson, (Community Planning and Development Director), made a presentation to the Board updating them on the progress on the planned Waterloo Air& Rail Park on the west side of the airport. Mr. Anderson provided comment that the City has recently taken bids on sewer work to be completed along Leversee Road. 4 Page 154 of 166 Mr. Anderson also provided an update of work in progress near Lone Tree Road and Leversee, where an expected truck wash business will be the first project completed. Mr. Anderson stated that all improvements are being paid by grants or TIF funding. Additionally, projects completed or in progress along Airport Blvd. include the A-Line/POS Hangar, Osprey Aviation Hangar, Camp Run-a-Mutt, Advanced Heat Treat expansion and the expansion of the National Guard. South of the airport, Koelker Excavating is completing a new building and there are five additional lots being developed with two solid prospects. On the East side of the airport, along Wagner Rd., Professional Lawn Care is completing construction of their buildings and the other available lots have generated a lot of interest, where, as of the date of the Airport Board Meeting, only one of the lots have not been reserved. Mr. Deeds asked if there is any upcoming development that would help increase enplanements? Mr. Deeds also asked if lost revenue will be replaced if more airport farm ground is taken for development. E. EOY-2020 Financial Report. Mrs. Combs referred the Board to the city budget report for FY-2020, and stated that the surplus of$91,567 was due to the City requesting that departments not make any large purchases in the final quarter of the fiscal year. To comply with that request, we were unable to make the end-of-year purchase that we normally do. The rest of the report shows federal and state project spending, which was low due to no major projects done during FY-20. F. Discussion of Future Board Meeting Dates Mr. Kaspari stated that based on responses received to his email, it seems like the first Wednesday of the month works best for future Airport Board meetings, which will continue to be at noon. 5 Page 155 of 166 Since there is no reason to meet again next week, Mr. Kaspari suggested that the August meeting be canceled and the next meeting scheduled for September 2"d Mr. Kaspari also stated that meetings will likely continue to be electronic through the end of 2020. Mrs. Darrah stated that she may have a conflict with the 1st Wednesday when schedules get back to normal but she can work with that date for now. Additional discussion followed. Mr. Kaspari stated that meeting dates can be reviewed again when the 7t" Board position is filled. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Moved by Mrs. Darrah, seconded by Mr. Voigt, that the meeting be adjourned at 12:59 p.m. Ayes: 5. Motion carried. Respectfully submitted, oj-a,� P tk rn btQ-, Arlene Humble. Chairperson 6 Page 156 of 166 CITY OF WATERLOO Council Communication Board of Adjustment minutes of March 24, 2020 (revised). City Council Meeting: 9/28/2020 Prepared: 9/22/2020 ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Board of Adjustment minutes of March 24, 2020(revised). Submitted by: Submitted By: Page 157 of 166 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MARCH 24, 2020 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Brad Condon, April Leadley, John Beckman, and Jeri Thornberry. Board members present were: John Chiles. Staff in attendance were: Aric Schroeder and Chris Western. Staff members present via Zoom: Noel Anderson. I. Approval of the March 24, 2020 agenda. It was moved by Thornberry and seconded by Beckman to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on February 25, 2020. It was moved by Beckman, seconded by Chiles to approve the minutes of the February 25, 2020 Minutes.Beckman pointed four minor corrections. Motion carried unanimously. III. Decision Items 1. Request by Nagle Signs on Behalf of the Waterloo Public Library for a variance to the sign regulations, to allow for the construction of an 11'2" x 12' 6" (124.75 sf) digital monument sign, 84.75 sf more than the maximum 40 sf allowed within the "C-3" Central Business District located at 415 Commercial Street. Dornoff gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. There appears to be uniqueness to the request. 3. The request would not appear have a negative impact on traffic conditions in the area. 4. The sign has been approved by the Waterloo Main Street Design Review Committee. Brian Buss of Nagle Signs explained the request and offered to answer any questions the board may have. The board had no questions and there was no one in opposition to the request. It was moved by Chiles, seconded by Thornberry to approve the request by Nagle Signs on Behalf of the Waterloo Public Library for a variance to the sign regulations, to allow for the construction of an 11'2" x 121611(124.75 sfi digital monument sign, 84.75 sf more than the maximum 40 sf allowed within the "C-3"Central Business District located at 415 Commercial Street.Motion carried unanimously. 2. Request by Eric Johnson on behalf of Mary Beecher Petersen for a variance to the Accessory Structure Regulations to allow for the construction of a 26' x 36' detached garage in the front yard, within the 11R-1" One and Two Family Residence District, located at 2 Winter Ridge Road. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area, as the proposed accessory structure will have a front yard setback of approximately 300', and 46' between the proposed detached garage and the house to the west at 6 Winter Ridge Drive. 2. There appears to be somewhat of a uniqueness to this request, as the area is rural in nature and heavily wooded with mature trees making the proposed garage less Page 158 of 166 BOARD OF ADJUSTMENT March 24,2020 Minutes visible, and the home was built towards the very rear of the lot leaving little options for where else a detached garage could be located. 3. The average lot size of the surrounding properties is 1.36 acres, which would appear to minimize potential negative impacts the proposed accessory structure may have. 4. The applicant has submitted a signed petition in favor of the request from the property owners to the east at 6 Winter Ridge Road. Staff recommends approval of the request with the following conditions: 1. That the existing shed currently in the front yard be removed from the site. Beckman asked clarification as to whether 6 Winter Ridge Drive was to the east or west of the site in question. Staff noted that it is to the west. Eric Johnson who represents the homeowner offered to answer any questions. There were no questions from the board or any opposition to the request. It was moved by Beckman, seconded by Chiles to approve the request by Eric Johnson on behalf of Mary Beecher Petersen for a variance to the Accessory Structure Regulations to allow for the construction of a 26'x 36'detached garage in the front yard, within the "R-1"One and Two Family Residence District, located at 2 Winter Ridge Road with the condition that the existing shed in the front yard be removed. Motion carried unanimously. 3. Request by Eric Johnson for a variance to re-establish a legal non-conforming use in the "R-2" One and Two Family Residence District to allow for an auto sales and incidental auto repairs located at 1801 Lafayette Street. Western gave the staff report that recommended approval of the request for the following reasons: 1. There would appear to be a lack of reasonable return to the request, as the structure was designed and setup for commercial uses in an "R-2" One and Two Family Residence District in 1941 before the adoption of the ordinance. 2. There would appear to be somewhat of uniqueness to the request, as the property has served as several businesses that served the neighborhood since 1941, and is located along a Minor Arterial roadway with other commercial and industrial uses in the vicinity. Subject to: 1. The building be painted within 12 months. 2. Block cars from driving on grass lot to the east and plant grass seed. Chiles asked if the board could require sod instead of over seeding. Staff indicated that sod would be much more expensive and perhaps not a reasonable requirement to place on the applicant. Condon asked for clarification of the area that staff is requiring seeding and where the curb stops would be placed. Staff indicated that a fence or curb stops should be placed along the driveway of the home to the east. Beckman asked it the condition to require the resurfacing of the existing parking lot should be added as a condition. Western stated that initially staff was going to require it but decide to only require the seeding and the painting of the building. Schroeder further explained the grass lot is not a part of the request to re- establish a legal non-conforming use but that staff had concerns with the condition of that portion of the lot. Chiles asked if there is a time frame for completion of the seeding and the painting of the building. Western stated that 12 months appears to be a fair time frame. Schroeder stated that staff would certainly like to see the fence or curb stops installed fairly soon at staff will work with the applicant on a reasonable time frame. Beckman asked Chiles 2 Page 159 of 166 BOARD OF ADJUSTMENT March 24,2020 Minutes if there is a time frame that he would recommend. Chiles stated that a 1 year time frame is reasonable but was concerned that it may not be enough with the Corona virus pandemic perhaps that may not be long enough. Thornsberry agreed that 1 year to paint the building is reasonable but that the lot should be seeded this spring. The board agreed to have two separate time frames that would require the seeding to happen this spring and the building to be painted within 1 year. Eric Johnson who represents the owner explained his client believes that the business did not lose the legal non-conforming status but that city believes it did and recommended the applicant apply to re-establish the use; and that his client did not know he was operating illegally. Johnson went on to explain that his client owns a rental house to the north of the site in question that had a bad tenant which drew the attention of Code Enforcement to deal with junk laying in the yard and that's when the question of whether his applicant was operating an illegal business or not came up. Johnson also stated that the property was originally a gas station and would never be used for residential purposes and his client's use of the property is non-evasive, as he simply fixes and sells a couple of cars a year at the site. Also, he and his client agree with the request by staff that requires the closing off and over seeding the lot to the east and the painting the building to improve the esthetics of the overall property. Condon asked for clarification on the number of cars that would be on site at any given time. Johnson stated that his client fixes and sell 1 to 2 cars a year and that if he were to sell more than six cars in a calendar year he would have to apply for a D.O.T. license to do so. Schroeder confirmed that if more than six cars are sold in a year that the applicant would have to get a zoning letter from the city to submit to the D.O.T for a license. Also, staff is not concerned with the applicant securing a license to sell cars at the site. Beckman stated he is concerned with a large amount of cars being sold from the property and asked how many cars could be parked on the site. Johnson stated he did not know the answer but stated his client at this time has no intention of applying for a license to sell cars. Schroeder estimated a total of ten cars could be parked on the site. Beckman stated 10 would be too many. Chiles asked if there were any opposition to the request. Western stated that there was not. Johnson stated that his client owns the property surrounding the site in question. Chiles asked if the board could put a time limit on when the lot to the east has to be blocked off. Johnson stated the his applicant is not opposed to a 6 month time limit but felt that he would complete it this spring. It was moved by Chiles, seconded by Thornberry to approve the requestfor a variance to re-establish a legal non-conforming use in the "R-2"One and Two Family Residence District to allow for an auto sales and incidental auto repairs located at 1801 Lafayette Street, with the conditions that the building be painted or sided within 12 months and the lot to the east be blocked off and seeded within 6 months. The motion carried unanimously. 4. Request by Lamar Advertising for a Special Permit to the "S-1" Shopping District for a new billboard, located at 2010 Sears Avenue. Western gave staff report that recommended approval of the request for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. Condon asked for clarification on which direction the electronic sign will face and if the sign will be on the roof. Western explained it will face La Porte Road and that the sign will overhang the roof of Advanced Auto Parts. Beckman asked if the sign would be closer to San Marnan or to Advanced 3 Page 160 of 166 BOARD OF ADJUSTMENT March 24,2020 Minutes Auto Parts. Western stated that it will be closer to Advanced Auto Parts building and overhang the building. Leadley asked if this sign would be in addition to the existing Auto Parts sign. Western stated that it would. Condon asked if there were any objections on file from Pancheros. Western stated that a notice was sent out to all property owners within 250' prior to the Site Plan Amendment request heard by the Planning and Zoning Commission meeting and staff receive no comments. The applicant Tom Weber explained that the sign will be moved closer to the Advanced Auto Parts store building and further away from Pancheros in an attempt to eliminate the concerns that were raised in 2016 by the neighboring businesses and that the proposed sign will be 1000' from his existing billboard on the corner of San Mannan and LA Porte Road. Leadley asked if Advanced Auto will be using the sign as well. The applicant stated that the sign will be for off-premise advertisement and that there is a high level of requests for advertising especially for local businesses. It was moved by Beckman, seconded by Thornberry to approve the request by Lamar Advertising for a Special Permit to the "S-1"Shopping District for a new billboard, located at 2010 Sears Avenue. The motion carried 3 to 2 with Condon and Leadley voting against the request. 5. Request by Eagle Mart DBA as Alli's Corner for a variance to expand a legal non- conforming use to allow for a 32' x 38' (1,216 sf) expansion of a non-limited alcohol sales use, located within the "C-2" Commercial District located at 1117 East 4th Street. Hyberger gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the area by allowing a non- limited alcohol sales use to expand its existing operation. 2. The request will not result in an over concentration of non-limited alcohol sales uses in one area. Beckman asked if there were any oppositions on file. Hyberger stated that he was not aware of any. Councilman Amos expressed concerns with the request stating that the business is in an overlay district and that the community does not need more liquor sales. The applicant's contractor Greg Bulicek owner of all seasons Construction stated that 75% of the sales is non-liquor related. And that the reason for the expansion request was to add more grocery items by adding several new coolers and to make the store more organized; not to expand the liquor business. Beckman asked if this a liquor store that sells groceries or a grocery store that sells liquor. Bulicek stated its both but they do not expect to sell much more liquor than they currently do. Schroeder stated that the site is considered a legal non-conforming non-limited alcohol sales use and is not subjected to a cap as to the amount of alcohol sales and would legally be allowed to sell more alcohol. Chiles asked if the site was a limited alcohol sales use would a variance still be needed. Schroeder explained that a variance would still be needed as the use is in an overlay district and overlay districts do not allow for limited or non-limited alcohol off-premise consumption unless they are over ten thousand square feet which would then classify it as a grocery store but since the existing use is a legal non- conforming use it is eligible for a variance. Leadley asked if the owner could reconfigure the existing store to accommodate the new coolers instead of expanding the store. Bulicek stated that the coolers that are being installed are bulky there for they need the extra space. Also, the expansion will allow for a more open floor plan to allow wider aisles for easier accessibility and to allow for employees to have better visibility and control over the store. The owner of the business Dilawar Kahn addressed the board and reiterated that the expansion is mainly for expanding the grocery portion of the store. Candy shelves require 10' space between them and shelves for potato chips need 15' between them. Also, he plans to change the sign so that the store is seen as a convenience store rather than a liquor store. Kahn also stated that he just recently purchased the store and feels that the previous owner did not do a good job maintaining the store and he is trying to fix the store up. The store is very congested and is difficult to keep clean and organized. When deliveries are being made the delivery 4 Page 161 of 166 BOARD OF ADJUSTMENT March 24,2020 Minutes employees are bumping into each other which makes it very difficult for them. It is his goal to make the store "feel like you are somewhere" not at a liquor store in a bad neighborhood. Kahn went on to say he spent 70K on his store at 926 Linn Street and plans to do the same at this location. It was moved by Thornberry and seconded by Leadlev to approve the request by Eagle Mart DBA as Atli's Corner for a variance to expand a legal non-conforming use to allow for a 32'x 38'(1,216 so expansion of a non-limited alcohol sales use, located within the "C-2"Commercial District located at 1117 East 4th Street. The motion carried 3-2 with Beckman and Leadlev voting no. 6. Request by Air Care for a variance to the provision prohibiting any Commercial, Manufacturing, or Professional Services from being carried on in a mobile home, trailer recreational vehicle, or similar motor vehicle to allow for the placement of a 271411 x 56' mobile trailer on Waterloo Airport grounds within an I'M-211, P" Planned Heavy Industrial District located at 2790 Livingston Lane. Western gave the staff report that recommended approval of the request for the following reasons: 1. There would appear to be lack of reasonable return, as there are extremely limited locations available that would meet the requirements for safely and efficiently operating an air medical crew. 2. There would appear to be a uniqueness to the request as air medical services crews require living quarters with kitchen, private bath rooms and showers for up to four (4) members and be located in close proximity of the hanger and aircraft. 3. There are no objections on file. Justin Tucker the area manager for the AirCare program gave an update on the request and explained that the original plan was to tie into and existing septic tank between hanger 2 and 5 is too small to handle additional waste. Therefore, they are now proposing to move the trailer to the west side of hanger 5 and install a new septic tank. Beckman asked for clarification of the type of building being proposed. Tucker explained that it is a mobile home and will meet all ADA requirements. Beckman asked for clarification as to the location of the mobile home. Tucker explained that the mobile home will be to the west of hanger 5 and face west. Schroeder reiterated that the original proposed location, option #1 was between hangers 2 and 5, but is being moved to the west of hanger 5 and staff is recommending approval of the new location and would ask that the board also consider approving option #2 located to the south of the snow maintenance building, as there is sanitary sewer that could be utilized although it would be difficult; but it would give AirCare more than one option. Beckman discussed the three options and asked were the air craft be parked if option #2 was used. Tucker stated that is something that would have to be discussed. Airport Director Kieth Kaspari spoke in favor of the option #3 as it would allow for the fastest response as the aircraft would be parked immediately to the north of the mobile home. Option #2 possess several complications which would include where to park the aircraft, increased response time and difficulties tying into the existing sanitary sewer. It was moved by Beckman seconded Chiles by to approve the request by Air Care for a variance to the provision prohibiting any Commercial, Manufacturing, or Professional Services from being carried on in a mobile home, trailer, recreational vehicle, or similar motor vehicle to allow for the placement of a 271411 x 56'mobile trailer on Waterloo Airportgrounds within an "M--2, P"Planned Heavy Industrial District located at 2790 Livingston Lane, approving both proposed locations.Motion carried unanimously. 5 Page 162 of 166 BOARD OF ADJUSTMENT March 24,2020 Minutes IV. Discussion No discussion was had. V. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting at 6:00 p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator 6 Page 163 of 166 CITY OF WATERLOO Council Communication Leisure Services Commission Meeting minutes of August 11, 2020. City Council Meeting: 9/28/2020 Prepared: ATTACHMENTS: Description Type 0 8/11/2020 Minutes Backup Material SUBJECT: Leisure Services Commission Meeting minutes of August 11, 2020. Submitted by: Submitted By: Page 164 of 166 i i MINUTES I WATERLOO LEISURE SERVICES COMMISSION TUESDAY, August 11, 2020 z ZOOM Conference Call This meeting was held by ZOOM conference call. Jadyn Spencer called the meeting to order at 7:30am. Present: Jadyn Spencer, Tom Powers, Tom Christensen, Bob Bamsey, Sharon Samec, Council Liaison Dave Boesen Staff: Paul Huting, Chris Dolan, Travis Nichols, Mark Gallagher, Todd Derifield, JB Bolger and Bill Bachman Absent: Brenda Durbahn, Xavier Leonard Jadyn Spencer called for approval of the agenda. Motion to approve agenda by Bob Bamsey, second by Sharon Samec Jadyn Spencer called for motion for approval of the July 14, 2020 meeting minutes. Motion by Tom Powers to approve minutes, second by Bob Bamsey Jadyn Spencer called for approval of the bills. Questions were answered. Motion by Sharon Samec to approve bills, second by Tom Powers STAFF UPDATES Forestry — Todd Derifield Forestry crews will be completing cleanup today from the storm occurring on July 9th. Interviews will be scheduled for forestry maintenance vacancies in early September. Waterloo has been named a Bird Friendly Community for the third year in a row giving the community Sustained Flight status. Young Arena — Chris Dolan July 29-August 9 Black Hawks Summer Camps with 300 participants. Black Hawks staff continues summer camps through August. Adult hockey begins August 16th.WYHA Summer ice begins August 18th. West roof replacement begins week of August 101r,. USHL schedule has no updates at this time. Sports and SportsPlex — Mark Gallagher Sports Gates Pool close August 9, Byrnes Pool close August 16, successful Optimist Season, Successful Tee Ball/Coach Pitch seasons, Learn to swim winding down SportsPlex - Group Exercise classes ongoing, Road Construction in front of building Construction — Travis Nichols Travis reported business as usual in the parks. He stated his crew was running daily garbage routes, doing routine restroom cleaning, general park maintenance and weekly park inspections. The crew fixed washouts along the trail by East Lake, installed 150 "911" signs to replace old ones and worked with Public Works to repair and sealed 250 feet of transverse cracks behind Cattle Congress on South Riverside Trail. The skate park project should be completed by end of the month and our staff will do finish grading and seeding. The crew started to remove the Hope Martin Shelter for replacement. The Page 165 of 166 E' f i City's Engineering Department is assisting us on design and construction documents and the new shelter should be out to bid within the next two weeks. E Golf and Downtown Area — JB Bolger Fields of Honor Event held last weekend at Soldiers & Sailors Park, this included a display of 590 flags that represent area veterans lost in all wars dating back to the Civil War. Thanks to the Forestry Crew and Downtown Crew for their hard work making the park look great! Gates Maintenance Building Contractor only has one metal siding repair left to finish otherwise that project is complete. Lincoln Park Contractor has pretty much finished all punch list items but we are working with Modus Engineering on issues with the new electrical boxes. We have recently reviewed a roundabout that will be installed at the intersection of Hess & Shaulis Roads that will have impacts to the South Hills Driving Range. We have worked with Miller Fence and Flag to design a black chain link fence that is 350' long and 20' tall that will protect vehicles and pedestrians that navigate through the roundabout. Bus Bench Shelters on University Ave have been experiencing vandalism. We are working with the University Ave design team to include high resolution surveillance cameras in these locations to help reduce this problem. We are monitoring the potential face mask resolution at the City Council level. If passed this will impact pro shop operations. We have produced signs that we will post at the pro shops and will comply with resolution if passed. Rounds report included with the commission packet. The next regular Leisure Services Commission Meeting will be held Tuesday, September 8, 2020. To be determined where the meeting will be held. Sharon Samec made a motion to adjourn, second by Bob Bamsey. Jadyn Spencer adjourned the meeting at 7:55am. A - A -4-- Sharon Samec, Se retary ,'.j 1 101 ZC,2t> Signed this Date [E Page 166 of 166